Disclaimers and Limitation of Liability

Welcome to the Disclaimers and Limitation of Liability page for NextSupport, a UK-based provider of AI-driven calling solutions for businesses. This page outlines the disclaimers associated with our services and the limitations of our liability, ensuring transparency and compliance with UK laws, including the Consumer Rights Act 2015, UK General Data Protection Regulation (UK GDPR), and Ofcom regulations. By using our services, you acknowledge and accept these disclaimers and liability limitations. For questions or concerns, contact our Compliance Team at compliance@nextsupport.co.uk.

Our goal is to provide reliable and lawful AI calling services while clearly defining the scope of our responsibilities and protecting both our clients and their customers.

Disclaimers

NextSupport provides AI-driven calling services with reasonable care and skill, as required by the Consumer Rights Act 2015. However, we include the following disclaimers to clarify the limitations of our services:

Service Availability

We strive to ensure our services are available without interruption. However, we do not guarantee 100% uptime due to potential technical issues, scheduled maintenance, or unforeseen events such as telecommunications failures or cyberattacks. For details on our service delivery commitments, refer to our Terms of Service.

Accuracy of Client-Provided Data

Our services rely on the accuracy and lawfulness of data provided by clients, such as contact lists and campaign scripts. We are not responsible for errors, omissions, or legal violations resulting from inaccurate, incomplete, or unlawfully obtained data. Clients are responsible for ensuring compliance with the UK GDPR and PECR 2003, as outlined in our Terms of Service.

AI Performance

Our AI-driven calling solutions are designed to deliver high-quality interactions, but AI performance may vary based on factors such as call complexity, consumer responses, or technical limitations. We disclose the use of AI to consumers at the start of each call, ensuring transparency in line with Ofcom regulations. We are not liable for consumer opt-outs, refusals to engage, or misinterpretations by the AI beyond our control.

No Warranty

Except as expressly stated in our Terms of Service, our services are provided “as is” without warranties, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose, to the extent permitted by law. We do not guarantee specific outcomes, such as campaign success rates or consumer engagement levels.

Third-Party Services

Our services may integrate with third-party telecommunications providers or platforms. We are not responsible for the performance, reliability, or security of third-party services, which are subject to their own terms and conditions. Any issues arising from third-party services should be addressed directly with the relevant provider.

Limitation of Liability

To the fullest extent permitted by UK law, NextSupport limits its liability to ensure clarity and fairness in our business relationships. Below is a detailed explanation of our liability framework, designed to comply with the Consumer Rights Act 2015 and other applicable regulations.

Scope of Liability

NextSupport is not liable for indirect, consequential, incidental, special, or punitive damages arising from the use of our services, including but not limited to:

• Loss of profits, revenue, or business opportunities.
• Business interruption or downtime.
• Loss of data, unless caused by our failure to comply with the Data Protection Act 2018 or UK GDPR.
• Reputational harm or loss of goodwill.

This limitation applies regardless of whether the damages arise from contract, tort (including negligence), or any other legal theory.

Liability Cap

Our total liability for any claim arising from the use of our services is limited to the total fees paid by the client in the 12 months preceding the claim. This cap ensures proportionality and fairness, protecting both parties while aligning with standard UK business practices.

Exclusions from Limitation

Nothing in this section limits or excludes our liability for:

• Death or personal injury caused by our negligence, as required by common law and statutory obligations.
• Fraud or fraudulent misrepresentation, in accordance with UK fraud laws.
• Breach of terms implied by the Consumer Rights Act 2015, such as the requirement to provide services with reasonable care and skill.
• Any other liability that cannot be excluded or limited under applicable UK law, including obligations under the Equality Act 2010.

Force Majeure

NextSupport is not liable for failure to perform obligations due to events beyond our reasonable control, including but not limited to:

• Natural disasters (e.g., floods, earthquakes).
• Cyberattacks or security breaches not attributable to our negligence.
• Government actions or regulatory changes.
• Telecommunications or internet failures caused by third parties.

In such cases, we will notify clients promptly and take reasonable steps to restore services, as detailed in our Terms of Service.

Data Breaches

In the event of a personal data breach, we follow the procedures outlined in our Data Breach Notification Policy, including notifying clients and, if required, the Information Commissioner’s Office (ICO) within 72 hours, as mandated by the UK GDPR. Our liability for data breaches is limited to instances of negligence or failure to implement appropriate security measures, as required by the Data Protection Act 2018.

Compliance with UK Laws

NextSupport is committed to operating within the legal frameworks of the United Kingdom and, where applicable, international regulations. Our disclaimers and limitation of liability are designed to align with the following laws and principles:

• Consumer Rights Act 2015: Ensures services are provided with reasonable care and skill and that clients have access to remedies for non-compliance.
• UK GDPR and Data Protection Act 2018: Governs the processing of personal data, with strict requirements for security, transparency, and accountability.
• PECR 2003: Regulates electronic communications, including rules on marketing calls and consent.
• Ofcom Regulations: Ensures telecommunications services, including automated calls, are conducted lawfully and transparently.
• Equality Act 2010: Prohibits discrimination in service delivery, ensuring fair treatment for all clients and consumers.
• UK Government AI Principles: Aligns our AI usage with ethical and responsible practices.

For a comprehensive overview of our legal obligations, please review our Terms of Service and Privacy Policy.

Client Responsibilities

Clients play a critical role in ensuring the lawful use of our services. To avoid liability issues, clients must:

• Provide accurate and lawfully obtained data, as required by the UK GDPR and PECR 2003.
• Comply with all applicable laws, including obtaining consumer consent for marketing calls, as outlined in our Terms of Service.
• Maintain the security of their account credentials and report any breaches immediately to compliance@nextsupport.co.uk.

Failure to meet these responsibilities may result in service suspension or termination, as detailed in our Terms of Service.

Dispute Resolution

In the event of a dispute related to our services or these disclaimers, we encourage resolution through mediation or arbitration, as outlined in our Terms of Service. Disputes are governed by the laws of England and Wales, with exclusive jurisdiction in the courts of England and Wales.

Changes to Disclaimers and Limitation of Liability

We may update this page to reflect changes in laws, regulations, or business practices. Updates will be posted at www.nextsupport.co.uk/disclaimers-and-liability and take effect immediately. Clients will be notified of significant changes via email or account notifications. Continued use of our services constitutes acceptance of the updated terms. We recommend reviewing this page regularly.

Contact Us

For questions, concerns, or to report issues related to our disclaimers or liability, contact:

• Compliance Team: compliance@nextsupport.co.uk
• General Inquiries: Visit our Contact Us page.
• Registered Address: NextSupport Ltd, [Insert Registered Address], United Kingdom.

Conclusion

NextSupport is dedicated to providing innovative AI calling services while maintaining transparency and legal compliance. These Disclaimers and Limitation of Liability clarify the scope of our responsibilities, ensuring a fair and trusted partnership with our clients. For more details on our legal obligations, explore our Terms of Service, Privacy Policy, and other compliance pages.