1 About these terms
These terms of service ("Terms") set out the basis on which Optaflo ("Optaflo", "we", "us" or "our") provides its services to you. They apply to our website and to any work we carry out for you. Please read them carefully.
Our contact details are:
- Business name: Optaflo, a trading name of OptafloLtd, registered in England and Wales, company number 17267181
- Address: 2 Munnions High Street, Great Baddow, Chelmsford, Essex, CM2 7HN, United Kingdom
- Email: contact@optaflo.co.uk
2 Your agreement with us
By using our website, enquiring with us, or engaging us to carry out work, you agree to these Terms. Where we provide a separate written proposal, statement of work or order confirmation for a project, that document together with these Terms forms the agreement between us. If there is any conflict, the project document takes priority for that project.
These Terms are intended for business customers rather than consumers.
3 Our services
We design, build and support custom AI automation systems for trades businesses, such as missed call response, lead follow up, booking and scheduling, follow up sequences, review requests and admin automation. The exact scope of what we will deliver for you is set out in your proposal or statement of work.
We will provide our services with reasonable skill and care. We may use our own tools, methods and third party platforms to deliver them, and we may improve or change how we deliver a service provided this does not materially reduce what you have agreed to receive.
4 Quotes and proposals
Any quote or proposal we give is based on the information available to us at the time and is valid for the period stated, or for 30 days if no period is stated. A contract is formed when you accept our proposal in writing, or when we begin work at your request, whichever happens first.
If the scope of a project changes, or the information you provide turns out to be materially different, we may need to revise our fees or timescales. We will agree any change with you before carrying it out.
5 Fees, payment and refunds
Our fees are set out in your proposal. Unless stated otherwise:
- fees are exclusive of VAT, which we will add where it applies;
- invoices are payable within 14 days of the invoice date; and
- any ongoing or subscription fees are billed monthly in advance.
If an invoice is overdue we may suspend the affected services and charge interest on the overdue amount in line with the Late Payment of Commercial Debts (Interest) Act 1998.
Cancellation and refunds
- Ongoing and subscription services. Monthly or recurring fees, for example for running, hosting, monitoring or supporting your systems, are billed in advance and are not refundable for the current billing period. You can cancel an ongoing service at any time by giving 14 days written notice, and you will not be billed for any period after that notice takes effect.
- Third party costs. Any costs we pay on your behalf to third parties, such as AI usage, software licences, phone numbers or messaging credits, are not refundable once they have been incurred.
- Completed work. We do not offer refunds for services or deliverables that have already been completed and delivered to you.
- If something is not right. If a deliverable does not work as described in your proposal, tell us within 14 days of delivery and we will put it right at no extra cost. Our responsibility is to correct or rebuild the work rather than to give a refund. If we are genuinely unable to deliver something we agreed to provide, we will refund the part of your fee that relates to that undelivered work.
To cancel a service or ask about a refund, email us at contact@optaflo.co.uk and we will respond within five working days. This policy is intended for business customers and does not affect any rights that apply to you by law.
6 Your responsibilities
To let us deliver well, you agree to:
- give us the access, information, content and approvals we reasonably need, in good time;
- make sure any material or data you provide is accurate and that you have the right to share it;
- use the systems we build lawfully, including following the rules of any messaging, calling or email channels and obtaining any consents required to contact your customers; and
- keep your own account credentials and access secure.
Delays or inaccurate information on your side may affect our timescales, and any resulting impact is not our responsibility.
7 Third party services and AI
Our systems often connect to third party platforms, such as calendars, customer relationship tools, messaging and email providers and AI services. Those platforms are controlled by their providers and are subject to their own terms, pricing and availability. We are not responsible for outages, changes, price increases or decisions made by those third parties, although we will work with you in good faith to keep your system running.
AI systems generate responses automatically and are not perfect. They can occasionally produce incorrect or unexpected output. We will set up reasonable safeguards, but you remain responsible for how the system is used in your business and for reviewing its operation. We recommend keeping appropriate human oversight of automated communications.
8 Intellectual property
Once you have paid all fees due for a project, you own the custom deliverables we have created specifically for you, except for any third party materials and our own pre existing tools, code, templates, methods and know how, which remain ours. We grant you a licence to use those underlying components as part of your system for as long as you use our services.
We may describe the general nature of the work we have done for you as part of our own portfolio or marketing, without disclosing your confidential information, unless you ask us in writing not to.
9 Confidentiality
Each of us may receive confidential information from the other. We each agree to keep the other's confidential information private, to use it only for the purposes of the work, and not to share it with anyone else except where we have to by law or to trusted providers who help us deliver the services and who are under similar obligations.
10 Data protection
We handle personal information in line with our Privacy Policy. Where we process personal data about your customers on your behalf as part of a system we run for you, you are the data controller and we act as your data processor under a separate data processing agreement. You are responsible for making sure you have the right to share that data with us and to contact your customers in the ways the system is set up to do.
11 Warranties and results
We will carry out our services with reasonable skill and care. We do not, however, promise any specific commercial result, such as a particular number of leads, bookings or amount of revenue. Outcomes depend on many factors outside our control, including your market, your pricing, how you use the system and the behaviour of your customers and of third party platforms.
Except as set out in these Terms, and to the extent permitted by law, we exclude all other warranties, whether express or implied.
12 Limitation of liability
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited or excluded by law.
Subject to that, we are not liable for loss of profit, loss of revenue, loss of business, loss of goodwill, or any indirect or consequential loss, and our total liability to you in connection with the services is limited to the total fees you have paid to us for the affected project in the 12 months before the claim arose.
13 Term and termination
There is no minimum term or long-term contract. Ongoing services run month to month, and you can cancel at any time by giving 14 days written notice.
These Terms apply from when our agreement starts until the services are complete or the agreement ends. Either of us may end an ongoing arrangement by giving 14 days written notice, unless your proposal says otherwise.
Either of us may end the agreement immediately if the other commits a serious breach that is not put right within a reasonable time, or becomes insolvent. If the agreement ends, you remain responsible for paying for work carried out up to that point.
14 Changes to these terms
We may update these Terms from time to time to reflect changes in our services or the law. The version that applies to your project is the one in force when your agreement is formed. For ongoing services, we will give you reasonable notice of any material change.
15 Governing law
These Terms and any dispute arising from them are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
16 How to contact us
If you have any questions about these Terms, please get in touch:
- Email: contact@optaflo.co.uk
- Post: 2 Munnions High Street, Great Baddow, Chelmsford, Essex, CM2 7HN, United Kingdom