Parties and scope
These terms apply to all offers, agreements and deliveries by E-Consultants Emmeloord B.V., registered at Ballumerbocht 11, 8303 KB Emmeloord, The Netherlands ("e-consultants").
Our services are offered to business customers only. Any deviating terms of the customer apply only where we have accepted them in writing.
The service
e-consultants is the European distributor of Callitor. We provide access to Callitor, configure the service for the customer, and handle invoicing and support within Europe.
Callitor answers calls, books appointments and sends service messages on the customer's behalf. The customer remains responsible for the substance of the appointments made on their behalf and for the accuracy of the data they supply.
Customer obligations
The customer ensures that:
- they are entitled to use the phone numbers and data they provide to us;
- they hold prior consent from every person to whom SMS messages are sent on their behalf;
- they do not use the service for unsolicited marketing, purchased or rented calling lists, or any form of deception;
- they comply with applicable law, including the GDPR and telecoms and anti-spam regulations.
Breach of these obligations entitles us to suspend the service with immediate effect.
Acceptable use
Callitor may be used only for legitimate business communication with the customer's own clients and contacts. Expressly not permitted: unsolicited advertising, telemarketing without consent, misleading or fraudulent messages, and messages concerning prohibited or regulated goods for which the customer holds no licence.
Every message carries the sender's name and a clear way to opt out. Opt-out requests (STOP) are always honoured and must not be circumvented.
Fees and payment
Fees are set out in the quotation or agreement and are denominated in euros, excluding VAT. Invoicing is monthly unless agreed otherwise. Payment terms are 14 days from the invoice date.
In the event of late payment we are entitled to charge statutory commercial interest and reasonable collection costs, and to suspend the service following a written reminder.
Term and termination
The agreement is entered into for the agreed term and renews monthly thereafter by tacit agreement. Either party may terminate in writing subject to one calendar month's notice, unless agreed otherwise.
Availability
We make every effort to keep the service continuously available but cannot guarantee uninterrupted availability. Planned maintenance is announced in advance. Faults at telecoms providers or other third parties fall outside our control.
Privacy and data processing
In delivering the service we act as processor for the customer. Processing is governed by a data processing agreement that forms an integral part of the agreement. See also our privacy policy.
Liability
Our liability is limited to direct damages and to no more than the amount paid to us by the customer in the twelve months preceding the event giving rise to the damage. Liability for indirect damages, including lost profits and missed business, is excluded. These limitations do not apply in cases of intent or wilful recklessness.
Governing law
All agreements are governed by Dutch law. Disputes are submitted to the competent court in the Midden-Nederland district, unless mandatory law provides otherwise.