Terms

Emberping gives your business its own Emberping number. Calls you don’t answer are diverted to it from your usual number. It texts back callers on a UK mobile in your business’s name, in fixed wording, and tells you about callers it can’t text, such as those on a landline. It passes their replies (up to the first 160 characters of each), and a written-out copy of any voicemail, to the phones you choose. It also asks you the next day whether an enquiry became a job, and sends you a count of those jobs each month.

We may improve Emberping from time to time. We won’t take away anything your plan includes without telling you at least 30 days before, and you can cancel if you don’t want the change.

Before Emberping can take calls for you, you sign our data processing agreement, and your Emberping number has to pass an identity check that our phone provider requires. For it, you give us your business’s name, its company number if it has one, its website and address, and the name of a senior person there. The check can take a few days.

We then set Emberping up with you on a call: you divert your calls with a code dialled on your phone, and we test it together.

If our phone provider can’t verify your business, we can’t provide Emberping, and you pay nothing.

You must give us accurate details and tell us when they change.

Your plan follows the number of vans your business runs:

• 1 to 4 vans: £149 a month, covering up to 100 different people a month;
• 5 to 9 vans: £299 a month, covering up to 250;
• 10 or more vans: £499 a month, covering up to 500.

A plan counts the different people whose missed calls or texts reach Emberping in a month. Calls you answer yourself don’t count.

If a busy month takes you over your plan’s number, missed calls are still texted back and replies still reach you. We won’t charge you extra for going over unless you agree to move to another plan. If it keeps happening, we’ll talk to you about the next plan.

If your number of vans changes, tell us, and we’ll move you to the right plan from your next invoice.

We invoice you monthly, in advance, from the day your service starts. Pay each invoice within 14 days, by bank transfer to the account it gives.

We’re not registered for VAT, so no VAT is added to our prices. If we have to register, we’ll add VAT at the rate the law sets from then on, and tell you as soon as we know.

If an invoice isn’t paid on time, we’ll tell you. If it’s still unpaid 14 days after that, we may pause Emberping until it’s paid, after warning you. While Emberping is paused, missed calls aren’t texted back, so turn your call diversion off.

We may change our prices by telling you at least 30 days before. If you don’t want to pay the new price, you can cancel before it starts.

While this offer is shown on our website, a business that signs up gets:

• half price for its first three months; and
• its first month’s payment refunded, if none of the people whose missed calls or texts reached Emberping in that month became a job for it (any work it agreed to do for them).

To have your first month refunded, email us within 30 days after it ends. We’ll refund it within 14 days of your email. We may ask you about the calls and texts that reached Emberping that month.

The offer is for a business’s first sign-up only, once per business, and can’t be added to any other offer. We can end it for new sign-ups at any time by taking it off our website. A business that signed up while it was shown keeps it.

There’s no minimum term. You can cancel at any time by emailing us. Your service runs to the end of the month you’ve paid for, then stops. We don’t refund part of a month, except as these terms say.

Before your service stops, turn off the call diversion on your phone; we’ll tell you the code. After it stops, calls diverted to your Emberping number aren’t answered or texted back.

When you leave, we won’t give your Emberping number to another business for at least 12 months, so calls you still divert to it don’t reach anyone else. Your usual number was always yours.

Besides our offer for new businesses, we refund a payment only:

• if we end your service early when you’ve done nothing wrong: we refund the days you’ve paid for and won’t get;
• if we charged you by mistake; or
• if the law requires it.

Refunds go back the way you paid, within 14 days of us agreeing them.

• Use Emberping lawfully, and only for your own business’s calls and texts.
• Tell your callers and customers how you use their details, in your own privacy notice, including that Emberping handles calls and texts for you.
• Answer the replies and voicemails Emberping passes to you yourself. Emberping only sends your customers fixed wording; it never writes replies for you.
• Don’t ask us to text anyone who hasn’t rung or texted you, or try to get round STOP.
• Keep the phones Emberping passes replies to working, and tell us when they change.
• Never text STOP to your Emberping number from one of those phones: it stops Emberping’s texts reaching that phone.
• Check with your phone network what, if anything, it charges for diverting calls.

Emberping isn’t an emergency service. Every caller hears a gas emergency line in the spoken message. If a customer’s text mentions gas, carbon monoxide, a fire or an injury, Emberping sends them fixed safety advice in your business’s name and alerts the phones you’ve chosen, but it can’t make sure anyone acts on it, and calls and texts can be delayed or not get through. Never rely on Emberping alone for anything urgent.

We’ll provide Emberping with reasonable care and skill, and look after your customers’ details as our data processing agreement says.

Emberping relies on phone networks and on other companies, such as our phone provider. Calls and texts can occasionally be delayed or fail to get through, and we can’t promise every one will. If something goes wrong on our side, we’ll tell you and put it right as quickly as we reasonably can.

We may need to pause Emberping briefly for maintenance. We’ll do that when it’s least likely to matter, and tell you before when we can.

Your customers’ details are yours. We handle them only to provide Emberping to you, on your instructions, as our data processing agreement sets out. We never use them for anything else or share them with any other business that uses Emberping.

When your service ends, we give you your list of numbers that texted STOP, and delete the rest of your records as that agreement sets out.

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law doesn’t allow us to limit.

Otherwise, we’re not liable for any loss of profit, business, jobs or revenue, or for any indirect loss; and our total liability to you in any 12 months is limited to what you paid us in those 12 months.

We’re not responsible for delays or failures caused by things outside our reasonable control, such as a failure of a phone network or of a company we rely on.

We can end your service by telling you at least 30 days before, and we’ll refund anything you’ve paid for after it ends.

We can pause or end it straight away if you seriously break these terms, use Emberping unlawfully, or leave an invoice unpaid 14 days after we’ve told you it’s late, or if the law or our phone provider requires us to.

We may change these terms by emailing you at least 30 days before. If you don’t agree to a change, you can cancel before it starts.

• These terms, our data processing agreement and anything we agree with you in writing are the whole agreement between us.
• Neither of us can pass this agreement to anyone else without the other’s agreement, except that we can pass it to a company that takes Emberping over.
• If a court decides part of these terms can’t be enforced, the rest still applies.
• Only you and we have rights under these terms.
• These terms are governed by the law of England and Wales, and the courts of England and Wales can decide any dispute about them.
• We send notices to the email address you gave us. Send yours to help@emberping.com.

Raiology Ltd, 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ. Company number 17430372, registered in England and Wales. help@emberping.com.