Terms and Conditions

Welcome to WorkWise. These Terms and Conditions ("Terms") govern your use of the WorkWise service, including our virtual receptionist, call handling, message taking, appointment booking services, and the associated SaaS platform (collectively, the "Service"). The Service is provided by CONNECT.STUDIO NW LTD ("we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1. Description of Service

WorkWise provides a comprehensive virtual receptionist and business support service for small businesses. Our core functionalities include:

• Communication Handling: Answering telephone calls and responding to social media interactions on your behalf.
• Administrative Support: Taking messages, capturing leads and enquiries, general admin support, and booking appointments.
• SaaS Platform: A platform to record and track all activity, allowing for collaboration with your team members.

2. User Accounts, Responsibilities, and Security

2.1. Account Registration: To use the Service, your business must be registered as a client. This requires providing accurate and complete legal business identification. As a client, you may create accounts for multiple individual users within your organisation. Each user will be identified by their name, job title, email address, and phone number.

2.2. User Responsibilities: You are responsible for all activity that occurs under your client account and its associated user accounts. You agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information.
• Ensure that your users comply with these Terms.

2.3. Security: You are responsible for maintaining the confidentiality of your account password and for restricting access to your account. You agree to notify us immediately at hello@getworkwise.com of any unauthorised use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

3. User-Generated Content

Our Service allows you to upload, post, and store content, such as project files, comments, and project descriptions ("User-Generated Content").

3.1. Ownership: You retain all ownership rights to your User-Generated Content.

3.2. License to Us: By uploading User-Generated Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content solely for the purpose of providing and improving the Service. This license ends when you delete your User-Generated Content or your account, unless your content has been shared with others and they have not deleted it.

3.3. Acceptable Content: You agree not to post any User-Generated Content that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy.
• Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware.

We reserve the right, but are not obligated, to remove or disable access to any User-Generated Content that we believe violates these Terms.

4. Data Protection

4.1. Privacy Policy: Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated by reference into these Terms. You are encouraged to review the Privacy Policy.

4.2. Compliance: We will comply with all applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

4.3. Roles of the Parties: In providing the Service, we process personal data on your behalf. For the purposes of the UK GDPR, you are the "Data Controller" and we are the "Data Processor" of the personal data you provide to us or that we collect on your behalf (e.g., contact information from callers).

4.4. Our Obligations as Data Processor: As a Data Processor, we will:

• Only process personal data on your documented instructions.
• Implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk of processing.
• Ensure that persons authorised to process the personal data have committed themselves to confidentiality.
• Assist you, where possible, in fulfilling your obligations to respond to requests from individuals exercising their data protection rights.
• Notify you without undue delay after becoming aware of a personal data breach.

4.5. Call Recording: You acknowledge and agree that telephone calls between you and us, and between us and your callers on your behalf, may be recorded for quality monitoring, training, and record-keeping purposes. We will ensure that all call recordings are handled securely and in accordance with applicable laws, including data protection legislation. As the Data Controller, you are responsible for ensuring that your callers are informed that their calls with our Service may be recorded on your behalf. All recordings are treated as confidential information and are protected as personal data under our Privacy Policy and these Terms.

5. Payment, Subscriptions, and Refunds

5.1 Definition of Assistant Time: Service fees, whether subscription or overage charges, are based on the total assistant time used. Assistant time is defined as the aggregate time, measured in full minutes, spent by WorkWise staff performing tasks on your behalf. This includes, but is not limited to, time spent handling inbound and outbound communications (such as call answering and transfers), administrative duties (such as message taking, email management, and appointment booking), and related administrative processing.

5.2. Billing: Our Service includes both a recurring subscription fee and charges for optional add-on services.

• Subscription Fees: The monthly or annual subscription fee for your chosen plan will be billed in advance at the start of each billing period ("Billing Cycle").
• Add-On Services: Any additional services you use that are not included in your subscription plan will be billed in arrears at the end of each Billing Cycle, based on your usage during that period.

5.3 Overage Charges for Assistant Time:

• Exceeding Allowance: If the total Assistant Time used by the Client within a Billing Cycle exceeds the maximum minute allowance included in the Client's chosen Subscription Plan (the "Allowance"), the Client will incur Overage Charges for all time used beyond the Allowance.
• Calculation: Overage Charges are calculated based on the total Assistant Time used in excess of the Allowance, measured in full minutes.
• Overage Rate: These Overage Charges will be applied at WorkWise's then-current additional minute rate. This rate may be changed by WorkWise in accordance with Section 5.7 (Fee Changes).
• Billing: Overage Charges are usage-based charges and shall be billed in arrears at the end of the corresponding Billing Cycle, similar to charges for Add-On Services.
• Notification: WorkWise will endeavour to provide the Client with reasonable prior notice before the Client exceeds their monthly time Allowance.

5.4. Payment Processing: All payments are processed through our third-party payment processor, Stripe. By providing your payment information, you authorise us to charge your payment method for all fees incurred under your account, including recurring subscription fees and charges for add-on services. You agree to their terms and conditions.

5.5. Automatic Renewal: Paid subscriptions will automatically renew at the end of each Billing Cycle for the same duration, unless you cancel your subscription through your account settings before the end of the current Billing Cycle.

5.6. Cancellation and Refunds: You may cancel your subscription at any time. The cancellation will take effect at the end of the current Billing Cycle. Cancelling your subscription does not relieve you of the obligation to pay for any add-on services used during the final Billing Cycle. No refunds or credits will be provided for any partial subscription periods or unused services.

5.7. Fee Changes: We reserve the right to change our subscription fees or charges for add-on services at any time. We will provide you with reasonable prior notice of any change in fees to give you an opportunity to terminate your subscription before such change becomes effective.

5.8. Optional Add-On Services:

• Definition: Optional Add-On Services are specific features, time extensions, or resources provided by WorkWise that are explicitly excluded from the standard recurring Subscription Fee and Allowance defined in the Client's chosen plan.
• Scope of Service: Add-On Services include, but are not limited to, Extended Hours Support. WorkWise's standard operating hours are Monday to Friday, 8am to 7pm; Saturday, 9am to 5pm; and Sunday, 9am to 4pm. WorkWise will be closed on Bank Holidays. These hours may be changed if both parties agree in writing. Any Assistant Time requested outside these standard operational hours shall be considered an Add-On Service.
• Pricing for Add-Ons: Charges for Add-On Services are applied based on a separate usage or custom rate schedule, such as for Extended Hours, which are subject to custom pricing. Such charges are usage-based and shall be billed in arrears.
• Governing Terms: The specific pricing structure and terms for all Add-On Services are maintained in a separate fee schedule provided to the Client, which is incorporated into these Terms by reference.

6. Intellectual Property Rights

All rights, title, and interest in and to the Service (excluding User-Generated Content), including all associated intellectual property rights, are and will remain the exclusive property of CONNECT.STUDIO NW LTD. The Service is protected by copyright, trademark, and other laws of both England and Wales and foreign countries.

7. Acceptable Use Policy / Prohibited Conduct

You agree not to use the Service to:

• Engage in any illegal or fraudulent activities.
• Transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," or any other form of solicitation.
• Harass, abuse, or harm another person.
• Attempt to gain unauthorised access to our systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Service.
• Infringe upon the intellectual property rights of others.

8. Termination

8.1. Termination by You: You may terminate your account at any time by following the instructions within the Service.

8.2. Termination by Us: We may suspend or terminate your account and access to the Service, at our sole discretion, at any time and without notice or liability to you, if you breach these Terms.

Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

9. Disclaimers and Limitation of Liability

9.1. Disclaimer of Warranties: The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

9.2. Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall CONNECT.STUDIO NW LTD, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, or goodwill. Our total aggregate liability for any and all claims arising out of or in connection with these Terms or your use of the Service, whether in contract, tort (including negligence), or otherwise, will not exceed the total fees paid by you to us for the Service during the twelve (12) month period immediately preceding the event giving rise to the claim. Nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by English law.

10. Indemnification

You agree to defend, indemnify, and hold harmless CONNECT.STUDIO NW LTD and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your use and access of the Service, or a breach of these Terms.

11. Anti-Bribery and Anti-Slavery

11.1. Anti-Bribery: Both parties will comply with all applicable laws, statutes, and regulations relating to anti-bribery and anti-corruption, including but not limited to the Bribery Act 2010. Neither party will engage in any activity, practice, or conduct which would constitute an offence under sections 1, 2, or 6 of the Bribery Act 2010 if such activity, practice, or conduct had been carried out in the UK.

11.2. Anti-Slavery: Both parties will comply with all applicable anti-slavery and human trafficking laws, statutes, and regulations, including but not limited to the Modern Slavery Act 2015. Each party confirms that it has not been convicted of any offence involving slavery and human trafficking, nor has it been the subject of any investigation, inquiry, or enforcement proceedings by any governmental, administrative, or regulatory body regarding any offence or alleged offence of or in connection with slavery and human trafficking.

12. Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms where that failure or delay is due to any cause beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes or other industrial action by third parties, riots and civil unrest, fire, explosion, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, epidemic or pandemic, or any other event that is beyond our reasonable control.

13. General Provisions

13.1 Assignment: You may not assign or transfer any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights or obligations without such consent shall be null and void. We may freely assign or transfer our rights and obligations under these Terms without restriction.

13.2 Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

13.3 Waiver: No waiver by CONNECT.STUDIO NW LTD of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CONNECT.STUDIO NW LTD to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

13.4 Entire Agreement: These Terms and our Privacy Policy constitute the sole and entire agreement between you and CONNECT.STUDIO NW LTD regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

14. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

You agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any legal matter arising from the Terms.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

16. Contact Information

If you have any questions about these Terms, please contact us at:
CONNECT.STUDIO NW LTD
Email: hello@getworkwise.com