1. About These Terms
These terms govern your use of all ConvertNest.biz services, including the Zara AI Receptionist service, website design, CRM integration, and related digital services. By engaging our services or making payment, you agree to these terms in full.
"Client" or "you" refers to the business or individual engaging ConvertNest. "ConvertNest" refers to ConvertNest Limited, a company registered in England and Wales (Company No. 17124946).
2. Our Services
ConvertNest provides:
- Zara AI Receptionist — AI-powered call handling, appointment booking, FAQ responses, SMS/email notifications, and call transfers
- Website design and development
- CRM integration and setup
- Lead generation systems
- Business automation
Specific deliverables, pricing, and timelines are confirmed in writing (by email or proposal) before work begins. These terms apply alongside any such written agreement.
3. Payment — One-Off Projects
- A 50% deposit is required to begin any project. The remaining 50% is due on the agreed go-live date.
- We accept payment by Stripe (card) or bank transfer (BACS — invoice provided).
- All prices are in GBP and exclusive of VAT unless stated otherwise.
- Invoices are due within 14 days of issue.
- Late payments may incur interest at 8% above the Bank of England base rate under the Late Payment of Commercial Debts Act 1998.
4. Payment — Zara Monthly Subscription
- Monthly fees are billed in advance on the same date each month from the go-live date.
- Included call minutes are as specified in your chosen package (Starter: 300 mins; Growth: 600 mins; Scale: ~2,000 mins).
- Overage minutes are charged at: £0.15/min (Starter), £0.12/min (Growth), £0.10/min (Scale), billed monthly in arrears.
- Failure to pay within 14 days of the due date may result in suspension of the service.
- Prices may be reviewed with 30 days' written notice.
5. Cancellation & Refunds
- Project deposits are non-refundable once work has commenced.
- If ConvertNest cancels a project before work begins, a full refund of any deposit paid will be issued within 14 days.
- Zara monthly subscriptions may be cancelled with 30 days' written notice to info@convertnest.biz. No refund is issued for the current billing period.
- Cancellations after project go-live are not eligible for a setup fee refund.
- Any dispute must be raised in writing within 14 days of the issue arising.
6. Service Availability
We aim to provide the Zara AI Receptionist service continuously, 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted availability. Service may be affected by:
- Scheduled maintenance (we will endeavour to give advance notice)
- Failures or outages in third-party infrastructure (Twilio, OpenAI, AWS)
- Circumstances beyond our reasonable control (see clause 12)
We will use reasonable endeavours to restore service as quickly as possible in the event of any disruption.
7. Client Obligations — Zara AI Receptionist
By using the Zara AI Receptionist service, the client agrees to:
- Inform callers at the start of each call that they may be speaking with an AI system, and that calls may be recorded, in compliance with UK GDPR, PECR, and Ofcom regulations
- Not use the service for any unlawful purpose, including but not limited to unsolicited marketing calls in breach of PECR or the TPS register
- Provide accurate business information, FAQs, and instructions for the AI to operate effectively
- Keep their contact and billing information up to date
- Act as the Data Controller for their callers' personal data in accordance with UK GDPR
8. Intellectual Property
- Upon receipt of full payment, the client owns all custom deliverables created specifically for their project (website, custom scripts, branded assets).
- The Zara AI platform, underlying software, and infrastructure remain the property of ConvertNest Limited.
- ConvertNest retains the right to use anonymised, non-confidential work in portfolio and marketing materials unless the client requests otherwise in writing.
- Any third-party tools, platforms, or software incorporated into deliverables remain subject to their own licence terms.
9. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive business information shared during the engagement and not to disclose it to third parties without prior written consent. This obligation survives termination of the agreement.
10. Limitation of Liability
ConvertNest's total liability to the client for any claim arising from services provided shall not exceed the total fees paid in the 12 months preceding the claim. We are not liable for:
- Indirect, consequential, or loss-of-profit damages
- Loss of revenue attributed to service downtime or AI errors
- Actions or omissions of third-party providers (Twilio, OpenAI, etc.)
- The client's failure to comply with their own legal obligations under UK GDPR, PECR, or Ofcom regulations
11. Warranties
We warrant that services will be delivered with reasonable skill and care in accordance with good industry practice. We do not guarantee specific business outcomes (such as call volume, conversion rates, or revenue increases) as these depend on factors outside our control.
The Zara AI system is designed to handle calls professionally, but AI responses are not guaranteed to be error-free. We are not liable for any errors, misunderstandings, or missed calls resulting from AI limitations.
12. Force Majeure
Neither party shall be in breach of these terms or liable for any failure or delay in performance arising from circumstances beyond their reasonable control, including but not limited to: acts of God, pandemic, war, civil unrest, internet or telecommunications outages, or failures of third-party infrastructure providers.
13. Governing Law
These terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14. Changes to These Terms
We may update these terms from time to time. We will notify existing clients of material changes by email with 30 days' notice. Continued use of our services after any update constitutes acceptance of the revised terms.
15. Contact
Questions about these terms? Email info@convertnest.biz.