Terms and Conditions - Use of Service
1. General Information
(a) The following Terms and Conditions - Use of FCC International's Service is for you (customer), the Customers (referred as "the Customer" thereafter).
(b) Formation of a contract - No contract shall exist between a customer of the FCC International Limited (FCC) and FCC unless and until FCC accepts a subscription or an order by confirmation, by email unless stated otherwise. Acceptance will be deemed complete and for all purposes to have been effectively communicated at the time the FCC sends a confirmation email, whether or not the customer receives the email
(c) Words and terms used in All Terms and Conditions importing the singular include the plural and vice versa and words importing one gender include all genders.
(d) FCC reserves the right to make changes to this Site and these Terms and Conditions at any time.
(e) To report unacceptable conditions of service, please notify FCC at enquiries@fcc-international.com
2. Customer Data
Customer Data means data that identifies you (Customer), including identity and billing information. FCC controls the customer data provided on subscription to FCC service.
a) Customer data maybe disclosed if FCC or an entity processing data on FCC's behalf are compelled to do so by law, or receive a valid, legally compliant request by a law enforcement or governmental authority.
b) If Customer provides FCC with Billing Account details of a third party, FCC may disclose Customer name and address, and data relating to payments made under that Billing Account to them. Nominated additional Account Holders may access and be able to modify any or all of the personal data relating to your account unless advised on nomination.
3. Transaction Data
Transaction data means data that flow through the communication and/or business processes in the course of Customer using FCC's service.
a) FCC shall disclose data to parties in process on carrying out transaction, only to facilitate Customer's transaction.
b) FCC may also use this data to let Customer know about products and services that may be of interest to Customer.
4. Privacy Policy
FCC does not undertake to record or store details for future transaction in order to safeguard confidentiality.
a) FCC shall delete transaction data in total within one week or agreed time span at the end of each transaction or at appropriate interim at FCC's discretion. Customer will provide transaction data should follow-up action be required in later days
b) FCC personnel shall each pledge non-disclosure of customer and transaction data outside the scope permitted by these Terms and conditions
c) Whenever keeping of transaction record deemed necessary at FCC for continued work progress such as long-term contract, it is imperative to agree beforehand the transaction process by contracting parties and security measure to put in place
d) Both FCC and Customer shall recognize the importance of maintaining vigilance by both parties in exchange of commercial data in course of transaction, in the knowledge that Internet e-mail is not a 100% secure communications medium
5. Prices/Charges
The amount payable for the Service will base on one or more of the following types of charges:
a) Work Office
i. Annual subscription (mandatory) - generally minimal costs for retention and updating of customer data, customization of general instruction, contact details and keeping record of preferential process/system on file. The subscription will remain valid for one year and subscription charges are not refundable in full or in part
ii. One-time and recurring, time and visits chargeable at hourly rate, minimum one hour for each transaction
iii. Pre-agreed fixed price in multiple of seats and in professional disciplines required by Customer
iv. Additional charges may apply (such as special handling or travel related expenses). FCC will endeavour to inform Customer in advance whenever additional charges apply. The Customer is strongly advised to agree with FCC rates of possible types of requirement in order to avoid enquiries when service is most urgently needed
v. Prices for annual subscription and hourly rate remain valid for one year as from each January regardless of change of Exchange rate or market fluctuation
vi. Prices are net, exclusive of tax or charges imposed by the Law of the land or brought in from time to time by authorities
b) Call Centre
ii. One-off subscription fee for registration and first quarterly charge of toll-free telephone number (0800), VAT (Value-added tax applicable, presently at 17.5%)
iii. Metered Charges at 30 second interval, billed on weekly basis in accordance with usage
Terms are net 30 days with approved credit. A 1.5% per month service charge will be added to delinquent accounts Subscription is one year, full payment on registration
In the event that it becomes necessary for FCC to incur collection costs or institute a suit to collect any amount due and payable, the customer agrees to pay such additional collection costs, charges, and expenses, including attorney's fees if the account is placed in the hands of an attorney or an agency for collection
6. Control Party, risks and third Party Liability
Control of transaction rests with Customer. FCC works to Customer's brief, instruction and permissible alternatives and will not make decision on Customer's behalf
a) It is the sole responsibility of the Customer to thoroughly understand, check, inspect or by any method the validity of communication
b) It is the Customer's duty to ensure compliance of law, regulation, code of conduct or other applicable guideline when giving instruction and during communication flow
c) FCC does not represent or guarantee the truthfulness, accuracy, or reliability of any communication posted by the Customer and transactional parties or endorses any opinions expressed by Customer or transactional parties. Customer acknowledges that reliance on communication posted by transactional parties will be at Customer's own risk
d) FCC shall not accept liability of any errors or omissions or the outcome of transaction
e) In no event shall FCC be liable for any loss of profit, revenue, goodwill, opportunity, business or other indirect or consequential loss of any kind in contract, tort (including negligence) or any incidentals, consequential losses arising out of use of FCC service, save where such liability cannot be excluded by law
7. Complaints and Disputes
a) The Customer shall raise all queries, complaints or disputes immediately for rectification or within two (2) working days relating to particular transaction in question when record can be traced and addressed
b) FCC may investigate any allegation and determine in good faith and its sole discretion for reporting to Customer. FCC has no liability or responsibility to customer for performance or non-performance by transactional parties
c) For any deliberate breach of professional conduct by FCC personnel, customer can notify FCC at admin@fcc-international.com.
8. Interruption of service
a)FCC shall use reasonable endeavours to allow uninterrupted access and flow of transaction but access and flow may be suspended, restricted or terminated at any time without notice, in cases where legality is in question, failure arises from technology or force majeure. Customer accepts that the customer will not have a claim for breach of contract or otherwise in respect of periods of unavailability for any unforeseeable reason
b)FCC reserves the right to refuse or continue to offer service when transactional communication becomes abusive, illegal or disruptive.
9. Data Protection
The FCC Service is trans-continental; FCC shall protect data in compliance with laws of the land where transaction data is used, currently DATA PROTECTION ACT 1998.
a)However, FCC reserves the right to aggregate data in anonymity for own understanding, analysis, service improvement, training, advertising, publicity, promotion, PR and such without prejudice to exposure of Customer identity.
b)FCC shall not be liable for breach in incidents arising from hidden electronic spy-ware, viruses nor common cookies and such like, as developed and unfolded from time to time
10. Indemnity
The Customer agrees to defend, indemnify and hold harmless the FCC, its personnel, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from Customer's use of FCC's service on Customer's violation of the terms and conditions of this agreement
11. Compliance of Law
The Customer agrees to use the services offered by FCC in a manner consistent with all applicable laws and regulations. The Customer must ensure that customer's brief, instruction or suggested material shall not infringe or violate the rights of others that is unlawful or infringement of other party's rights. English or EEC law shall apply in case of dispute. (Also Clause 6)
12. Amendments to the Terms
FCC reserves the right to amend these Terms from time to time by update of this page of the Website. The date of the last revision to these Terms will be provided at the end of this page. It is strongly recommended that the Customer revisit this page from time to time to ensure that Customer shall be aware of any changes that are made to these Terms. (Also, see Clause 1d)
13. Jurisdiction
All contracts shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts. These terms and conditions do not affect Customer's statutory rights.
Last revised date: April 26, 2005