Legal document
Terms & Conditions
The terms that govern your use of the Desklly service.
1. Agreement
These Terms form a binding agreement between the practice ("Customer") and Desklly Ltd ("Desklly") for the use of the Desklly AI receptionist service ("Service").
2. Service
Desklly will provide the Service with reasonable skill and care and will use commercially reasonable efforts to make the Service available 24/7, subject to scheduled maintenance and events outside our reasonable control. Target availability and support response times are set out in the Order Form.
3. Customer responsibilities
The Customer will: provide accurate information for onboarding; keep credentials secure; ensure the practice has all necessary lawful bases and, where required, consents from patients; comply with all applicable laws including UK GDPR, PECR, and CQC guidance; and use the Service only for lawful purposes.
4. Fees and payment
Fees, billing cycle, and payment terms are set out in the Order Form. Invoices are due within 14 days of the invoice date. Late payment may result in suspension of the Service after notice.
5. Data protection
The processing of personal data by Desklly on behalf of the Customer is governed by the Data Processing Agreement, which is incorporated into these Terms.
6. Intellectual property
Desklly retains all IP rights in the Service. The Customer retains all rights in its own data. The Customer grants Desklly a limited licence to use its data solely to provide the Service.
7. Confidentiality
Each party will keep the other's confidential information confidential and use it only for the purposes of the agreement.
8. Warranties
The Service is provided "as is" to the maximum extent permitted by law. Desklly does not guarantee that the Service will be uninterrupted or error-free. Desklly does not provide clinical advice; any clinical decisions remain the responsibility of the practice.
9. Liability
Neither party excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law. Subject to that, each party's total aggregate liability is limited to the fees paid or payable by the Customer in the 12 months preceding the event giving rise to the claim. Neither party is liable for indirect or consequential loss, including loss of profit, revenue, or goodwill.
10. Term and termination
The agreement runs for the initial term set out in the Order Form and renews for successive periods unless terminated by either party on 30 days' written notice before the end of the current term. Either party may terminate immediately for material breach that is not remedied within 30 days of written notice, or for insolvency.
11. Governing law and jurisdiction
These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.