Terms of Service

Welcome to the Terms of Service for NextSupport, a UK-based provider of AI-driven calling solutions for businesses. These terms establish the legal framework governing your use of our services, ensuring strict compliance with UK legislation, including the Consumer Rights Act 2015, UK General Data Protection Regulation (UK GDPR), Privacy and Electronic Communications Regulations (PECR) 2003, and Ofcom regulations. By accessing or using our services, you agree to be bound by these terms. If you do not agree, please refrain from using our services. For inquiries or concerns, contact our Compliance Team at compliance@nextsupport.co.uk.

Our Terms of Service are designed to protect our clients, their customers, and NextSupport by fostering a transparent, lawful, and ethical partnership. We aim to provide innovative AI calling solutions while maintaining robust compliance with all applicable laws, as detailed in our Consumer Protection Compliance and Privacy Policy pages.

Definitions

To ensure clarity, we define key terms used throughout these Terms of Service:

• We/Us/NextSupport: NextSupport Ltd, a company registered in England and Wales, providing AI-driven calling services, including outbound calls, customer support, appointment scheduling, and lead generation.
• Client/You: The business entity or authorized individual entering into a contract to use our services.
• Services: AI-powered calling solutions designed for business purposes, such as customer engagement, lead generation, and automated support, delivered in compliance with UK laws.
• Consumer: Individuals contacted through our services on behalf of clients, protected under UK consumer laws, including the Consumer Rights Act 2015.
• Personal Data: Any information relating to an identified or identifiable individual, as defined by the UK GDPR.

Legal Compliance Framework

NextSupport operates under a comprehensive legal framework to ensure our AI calling services are lawful, transparent, and fair. Below, we outline the key UK regulations we adhere to and explain how we implement them to maintain compliance and protect all stakeholders.

UK GDPR and Data Protection Act 2018

The UK GDPR, in conjunction with the Data Protection Act 2018, governs the processing of personal data, ensuring privacy and consumer rights are upheld. As a data processor acting on behalf of clients (data controllers), we:

• Process personal data only for purposes specified by clients (e.g., customer support, consented marketing) and in accordance with lawful bases under UK GDPR.
• Implement robust security measures, including end-to-end encryption, secure servers, and restricted access controls, to protect personal data from breaches or unauthorized access.
• Support consumer rights, such as the right to access, rectify, erase, or restrict processing of their data, with processes to handle requests within 30 days, as mandated by law.
• Maintain detailed records of data processing activities to demonstrate compliance, available for review by the Information Commissioner’s Office (ICO) if required.
• Notify clients and, where necessary, the ICO within 72 hours of a personal data breach, as outlined in our Data Breach Notification Policy.

Clients are responsible for ensuring the data they provide (e.g., contact lists) is collected lawfully, with valid consent or another legal basis, and complies with UK GDPR requirements. Further details are available in our Privacy Policy.

Privacy and Electronic Communications Regulations (PECR) 2003

The PECR 2003 regulates electronic communications, including marketing calls, to protect consumers from unsolicited contact. Our compliance measures include:

• Ensuring marketing calls are made only to individuals who have provided explicit consent or meet the “soft opt-in” criteria (e.g., existing customers who have not opted out).
• Screening all contact lists against the Telephone Preference Service (TPS) and Corporate Telephone Preference Service (CTPS) to exclude registered numbers, preventing unlawful contact.
• Providing clear, user-friendly opt-out mechanisms during calls (e.g., “Press 1 to opt out” or verbal instructions), ensuring consumers can stop further communications easily.
• Maintaining comprehensive records of consent and opt-outs, which are regularly audited to ensure compliance with PECR and ICO guidelines.

These measures align with our commitment to consumer protection, as detailed in our Consumer Protection Compliance page.

Consumer Rights Act 2015

The Consumer Rights Act 2015 mandates that services are provided with reasonable care and skill, at a reasonable price, and within a reasonable timeframe. To meet these standards, we:

• Deliver AI calling services tailored to client specifications, using advanced technology to ensure high-quality performance.
• Provide transparent contract terms and pricing upfront, with no hidden fees, as outlined in client agreements.
• Offer remedies, such as re-performance of services or refunds, if services fail to meet legal or contractual standards, subject to review and evidence of non-compliance.
• Ensure all call scripts and interactions are fair, clear, and not misleading, protecting consumers from unfair practices.

Our compliance with this Act is further explained in our Consumer Protection Compliance page.

Ofcom Regulations

Ofcom regulations govern telecommunications in the UK, including rules for automated calling systems, to prevent nuisance calls and ensure transparency. We adhere to:

• General Conditions of Entitlement, ensuring calls are conducted lawfully, with clear identification of the caller and purpose.
• Rules on automated dialing systems, requiring options for human intervention and disclosure of AI usage (e.g., “This call is handled by an AI agent on behalf of [Client Name]”).
• Persistent Misuse Policies, with monitoring systems to detect and prevent harassing or repetitive calls, protecting consumer rights.
• Regular audits of call practices to ensure compliance with Ofcom’s accessibility and transparency requirements, as noted in our Accessibility Statement.

Equality Act 2010

The Equality Act 2010 prohibits discrimination based on protected characteristics, such as disability, age, or race. We ensure compliance by:

• Designing AI call scripts that are inclusive, neutral, and free from discriminatory language, supporting diverse consumer needs.
• Offering accessible communication options, such as text-based alternatives or adjustable call settings, for consumers with disabilities, as detailed in our Accessibility Statement.
• Training our AI systems to avoid bias and providing processes to address discrimination complaints promptly, in line with our Consumer Protection Compliance policies.

Telecommunications (Lawful Business Practice) Regulations

The Telecommunications (Lawful Business Practice) Regulations permit call monitoring and recording for specific purposes, such as quality assurance or legal compliance. We comply by:

• Notifying consumers when calls are recorded, ensuring transparency.
• Storing recordings securely, with access limited to authorized personnel, in accordance with UK GDPR requirements.
• Deleting recordings within the retention period specified in our Privacy Policy, unless required by law for audit or regulatory purposes.

Other Applicable Laws and Principles

We also align with additional legal and ethical standards to ensure comprehensive compliance:

• UK Government AI Principles: Our AI systems are developed and deployed with transparency, accountability, and fairness, adhering to ethical AI guidelines.
• EU AI Act: For clients operating in the EU, we incorporate emerging AI regulations to ensure cross-border compliance.
• Modern Slavery Act 2015: We maintain ethical business practices, ensuring our supply chain is free from exploitation.
• Cookie Policy: Our website complies with PECR 2003 by obtaining informed consent for non-essential cookies, as explained in our Cookie Policy.

Service Usage

Our AI calling services are designed for lawful business purposes, and clients must adhere to strict usage guidelines to ensure compliance with UK laws.

Eligibility

To use our services, you must be:

• A registered business entity or an authorized representative aged 18 or older.
• Operating within the UK or in compliance with UK laws if based abroad.
• Entering into a valid contract with NextSupport, agreeing to these Terms of Service.

Permitted Use

Clients may use our services for legitimate business purposes, including:

• Appointment scheduling and reminders.
• Customer support, including follow-ups and issue resolution.
• Lead generation and marketing campaigns, provided they comply with PECR 2003 and UK GDPR.

All usage must align with applicable laws, including those outlined in our Consumer Protection Compliance page, and respect consumer rights.

Prohibited Use

Clients must not use our services for:

• Illegal activities, such as fraud, misrepresentation, or unauthorized data collection.
• Harassment, nuisance calls, or unsolicited marketing without valid consumer consent, in violation of PECR 2003.
• Distributing malicious software, engaging in cyberattacks, or other cybercrimes.
• Any activity that violates consumer rights, telecommunications regulations, or our Equality Act 2010 obligations, such as discriminatory practices.

Violations may result in immediate service suspension, termination, and potential legal action, as detailed in our Disclaimers and Limitation of Liability page.

Client Responsibilities

Clients play a critical role in ensuring the lawful and ethical use of our services. The following responsibilities are mandatory to maintain compliance and protect all parties.

Data Accuracy and Lawful Processing

Clients must provide accurate, up-to-date, and lawfully obtained data for call campaigns, such as contact lists and scripts. This includes:

• Ensuring data is collected with explicit consumer consent or another lawful basis under UK GDPR.
• Verifying that contact lists exclude numbers registered with the TPS or CTPS for marketing purposes, as required by PECR 2003.
• Providing data in the format specified by NextSupport to ensure compatibility with our AI systems.

Non-compliance with data requirements may lead to service errors or legal violations, for which clients bear responsibility, as noted in our Disclaimers and Limitation of Liability page.

Compliance with Laws

Clients are responsible for ensuring their use of our services complies with all applicable laws, including:

• Obtaining and documenting consumer consent for marketing calls, as required by PECR 2003.
• Adhering to Ofcom regulations on automated calls, including caller identification and transparency.
• Complying with UK GDPR and Data Protection Act 2018 for data processing and consumer rights.
• Ensuring non-discriminatory practices in call campaigns, in line with the Equality Act 2010.

Account Security

Clients must maintain the security of their accounts to prevent unauthorized access, including:

• Using strong, unique passwords and enabling two-factor authentication where available.
• Keeping account credentials confidential and not sharing them with unauthorized parties.
• Notifying NextSupport immediately of any suspected security breaches or unauthorized access at compliance@nextsupport.co.uk.

Failure to secure accounts may result in service suspension or liability for misuse, as outlined in our Disclaimers and Limitation of Liability page.

Service Delivery

We are committed to delivering high-quality AI calling services while maintaining transparency and compliance with UK laws.

Availability

We strive to provide uninterrupted services but cannot guarantee 100% uptime due to potential technical issues, scheduled maintenance, or force majeure events (e.g., natural disasters, cyberattacks, or government actions). We will:

• Notify clients of planned maintenance or disruptions in advance whenever possible.
• Take reasonable steps to restore services promptly in the event of unforeseen interruptions, as detailed in our Disclaimers and Limitation of Liability page.

Quality

Our services are delivered with reasonable care and skill, as required by the Consumer Rights Act 2015. However, we are not liable for errors or issues caused by:

• Inaccurate, incomplete, or unlawfully provided client data, such as incorrect contact lists or non-compliant scripts.
• Third-party telecommunications failures or infrastructure issues beyond our control.
• Consumer opt-outs, refusals to engage, or other factors outside our reasonable control.

Our quality assurance processes include regular testing and monitoring of AI performance to ensure consistent service delivery, as noted in our Consumer Protection Compliance page.

AI Disclosure and Transparency

To ensure transparency and compliance with Ofcom regulations, we:

• Inform consumers at the start of each call that an AI agent is handling the interaction (e.g., “This call is handled by an AI agent on behalf of [Client Name]”).
• Provide options for consumers to request a human agent or opt out of the call, supporting accessibility and consumer choice, as detailed in our Accessibility Statement.
• Clearly identify the client on whose behalf the call is made, ensuring accountability and transparency.

Fees and Payment

Our pricing and payment terms are designed to be transparent and fair, in line with the Consumer Rights Act 2015.

Pricing

Fees for our services are specified in client contracts, based on factors such as service scope, call volume, and campaign duration. Key points include:

• Pricing is agreed upon before service commencement, with no hidden fees.
• Contracts outline the cost structure, which may include fixed fees, per-call rates, or subscription-based models.
• Clients receive detailed invoices reflecting the agreed pricing, sent electronically as per the contract terms.

Payment Terms

Payments are due according to the schedule outlined in the client contract (e.g., monthly, quarterly, or per campaign). We provide:

• Multiple payment methods, such as bank transfer or credit card, specified in the contract.
• Electronic invoices with clear payment instructions and due dates.
• Support for resolving payment disputes promptly, reachable at compliance@nextsupport.co.uk.

Late Payments

Overdue payments may incur interest at 4% above the Bank of England base rate, as permitted by the Late Payment of Commercial Debts (Interest) Act 1998. Additional measures include:

• Providing reasonable notice (e.g., 7 days) before applying interest or suspending services for non-payment.
• Working with clients to resolve payment issues amicably before escalating to suspension or legal action.

Refunds

Refunds are issued only if services fail to meet contractual or legal standards, such as those under the Consumer Rights Act 2015. Key points include:

• Refund requests must be submitted in writing to compliance@nextsupport.co.uk, with evidence of non-compliance.
• Requests are reviewed on a case-by-case basis, with responses provided within 14 business days.
• Refunds, if approved, are processed via the original payment method within 30 days.

Intellectual Property

Our intellectual property and client data ownership policies ensure clarity and fairness in our business relationships.

NextSupport’s Intellectual Property

NextSupport retains all rights, title, and interest in our proprietary assets, including:

• AI technology, algorithms, and software used to deliver our services.
• Branding, logos, and website content, protected under UK copyright and trademark laws.
• Any materials or templates provided to clients as part of our services.

Clients may not copy, modify, distribute, or reverse-engineer our intellectual property without explicit written permission.

Client Data

Clients retain ownership of all data provided to us, such as contact lists, call scripts, or campaign materials. We:

• Use client data solely for the purpose of delivering contracted services, as outlined in our Privacy Policy.
• Do not share client data with third parties, except as required by law or with explicit client consent.
• Protect client data with robust security measures, in compliance with UK GDPR.

License

By providing data to NextSupport, clients grant us a limited, non-exclusive, revocable license to use the data for the purpose of delivering services. This license:

• Is restricted to the scope of the contracted services.
• Terminates upon service termination, at which point client data is deleted within 30 days, unless required by law, as per our Privacy Policy.

Limitation of Liability

Our limitation of liability ensures clarity and proportionality in our responsibilities, as detailed in our Disclaimers and Limitation of Liability page.

Scope

To the fullest extent permitted by UK law, NextSupport is not liable for indirect, consequential, incidental, special, or punitive damages arising from the use of our services, including:

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

This limitation applies to claims arising from contract, tort (including negligence), or any other legal theory.

Liability Cap

Our total liability for any claim is capped at the total fees paid by the client in the 12 months preceding the claim, ensuring proportionality and fairness.

Exclusions

Nothing in these terms limits or excludes liability for:

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

Termination

Our termination policies ensure clarity and fairness for both parties.

By Client

Clients may terminate services by providing 30 days’ written notice to compliance@nextsupport.co.uk. Key points include:

• Outstanding fees for services rendered remain payable.
• Termination does not affect accrued rights or obligations under the contract.

By NextSupport

We may suspend or terminate services immediately, with notice, for:

• Non-payment of fees after reasonable notice (e.g., 7 days).
• Breach of these terms, such as prohibited use or non-compliance with laws.
• Legal or regulatory violations, including breaches of UK GDPR or Ofcom regulations.

Post-Termination

Upon termination:

• Client access to services will cease immediately.
• We will delete client data within 30 days, unless required to retain it by law (e.g., for audit purposes under UK GDPR), as per our Privacy Policy.
• Clients must settle any outstanding fees within 14 days of termination.

Dispute Resolution

We aim to resolve disputes amicably and efficiently, with clear processes to ensure fairness.

Governing Law

These Terms of Service are governed by the laws of England and Wales, providing consistency with UK regulatory frameworks.

Jurisdiction

Any disputes will be resolved exclusively in the courts of England and Wales, unless otherwise agreed in writing.

Alternative Dispute Resolution (ADR)

We encourage resolving disputes through mediation or arbitration before pursuing legal action. Clients may propose a mutually agreed mediator, with costs shared equally unless otherwise agreed. This aligns with our commitment to fair business practices, as noted in our Consumer Protection Compliance page.

Force Majeure

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

• Natural disasters (e.g., floods, earthquakes).
• Cyberattacks or security breaches not attributable to our negligence.
• Government actions, regulatory changes, or telecommunications failures.

We will notify clients promptly of such events and work to restore services as soon as practicable, as detailed in our Disclaimers and Limitation of Liability page.

Changes to Terms

We may update these Terms of Service to reflect changes in laws, regulations, or business practices. Updates will be:

• Posted on our website at www.nextsupport.co.uk/terms-of-service, taking effect immediately.
• Communicated to clients via email or account notifications for significant changes.

Continued use of our services after updates constitutes acceptance of the revised terms. We recommend checking this page regularly for the latest version, alongside our Cookie Policy and Accessibility Statement.

Contact Us

For questions, termination requests, or to report issues, 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 delivering innovative AI calling services while upholding the highest standards of legal compliance, transparency, and ethical conduct. These Terms of Service provide a comprehensive framework for our partnership, ensuring mutual trust and adherence to UK laws, including the UK GDPR, PECR 2003, Consumer Rights Act 2015, and Ofcom regulations. We value our clients and strive to maintain a fair, lawful, and inclusive business relationship. For further details, explore our Privacy Policy, Consumer Protection Compliance, Disclaimers and Limitation of Liability, and Accessibility Statement pages.