Bizvu - Terms & Conditions

Overview

Bizvu Limited (“Bizvu”, ”Supplier”, “us”, “our” and “we” below) is registered in England and Wales under company number 04928843 with our registered office at Britannic House, Merrow Business Park, Guildford, Surrey, GU4 7WA.

https://bizvu.com and https://bizvu.co.uk and any subdomains represents our website, and app platforms that provide our services for contact centre integration solutions.

These Terms and Conditions of Use (“Terms”) apply to your (“Customer” and “you” below) use of our website at: https://bizvu.com or https://bizvu.co.uk (“website”), and any subdomains created and deployed to deliver our services.

To use our Services, you agree to these Terms.

Please note that Bizvu may change or update these Terms.

Bizvu will post any changes or updates to our website so please revisit every so often because we will assume that you agree with them if you continue to use the Services. If you do not agree to these Terms, you should not use our website or Services.

Definitions

The following terms shall have the meanings specified below:

"Services" means the solutions, services and applications supplied by Bizvu to the Customer under the general terms specified below.

“Customer”, “you” (or “Client” in a Data Protection Addendum) means any user, person or entity who creates an account and uses Bizvu Services supplied by Bizvu under the Agreement.

"Services" means the solutions, services and applications supplied by Bizvu to the Customer under the general terms specified below.
“Customer”, “you” (or “Client” in a Data Protection Addendum) means any user, person or entity who creates an account and uses Bizvu Services supplied by Bizvu under the Agreement.
“Visitor” means any person who is browsing our websites.
“Agent” means any person who is employed by the Customer to operate the Service.
“End-user” means any person who uses Bizvu Services for the purpose of communicating with the Customer.
“Reseller” means third party organisations authorised and appointed by Bizvu to market, promote and incorporate our services within their own service solutions.
“Personal Data/Personal Information” means personal data within the meaning given by the Data Protection Act 2018 and the European Union Regulation 2016/679 known as The General Data Protection Regulation (GDPR), as enacted and amended from time to time, processed by Bizvu (or a Sub-processor) on behalf of the Customer pursuant to or in connection with the Agreement.
“Confidential Information” means all information, whether written or oral, provided by the disclosing party to the receiving party and which (i) is known by the receiving party to be confidential; (ii) is marked as or stated to be confidential; or (iii) ought reasonably to be considered by the receiving party to be confidential.
“Third Party Service Provider” means any third party that collects, process and/or uses Personal Information under the instruction of Bizvu including any consultant, representative, advisor, or independent contractor (including Sub-processors) who renders services to the Company, a subsidiary, or an affiliate.
“Sub-processor” means entities who provide software, goods or services that are used by Bizvu in order to run a business, in particular while providing the Services.
All terms derived from General Data Protection Regulations such as “Commission”, “Controller”, “Data Subject”, “Personal Data”, “Personal Data Breach”, “Processing”, “Processor” should be understood in line with their regular meaning coming from the regulation.
“Force Majeure Event” means any cause beyond a party's reasonable control, including (but not limited to): (a) acts of God or nature, explosion, flood, tempest, other atmospheric conditions, fire or any accident; (b) war, threat of war, terrorist acts or threat of terrorist acts, sabotage, insurrection, civil disturbance or requisition; (c) acts, restrictions, regulations, byelaws, prohibitions, orders or measures of any kind on the part of any Regulator, governmental, parliamentary, local, judicial or equivalent authority; (d) failure of any network not under the control of Bizvu; (e) import or export regulations or embargoes; (f) strikes, lock-outs or other industrial actions or trade disputes (whether involving its employees or those of a third party).

1. Basis

a) On principles set out in this Terms and Conditions of Use (also referred to as Terms and Conditions), Bizvu describes its Services via the following websites: https://bizvu.com and https://bizvu.co.uk and delivers its applications via all relevant subdomains.

b) Accepting these Terms and Conditions of Use is a condition to use Services provided by Bizvu.

c) All Customers are obliged to observe these Terms and Conditions of Use.

d) By indicating the Customer’s acceptance towards this Agreement, accessing or using the Service, the Customer agrees to be bound by all terms, conditions, notices contained or referenced in this Agreement.

e) Please keep in mind that Bizvu may modify the provisions of these Terms and Condition and only those currently visible on our website are up to date and valid at the time. However, modification shall not adversely affect the main provisions of the Agreement such as terms of payment or termination of Services. Such changes take places with prior notice to the Customer and – if not clearly rejected – are treated as accepted. Therefore, we encourage you to periodically familiarise with the currently effective Terms and Conditions version on our websites.

f) Further use of Services after additional modifications in the Terms and Conditions have been implemented, shall constitute the consent to accept these modifications. Refusal to accept these modifications shall preclude the Customer from using the Services.

2. Services Description

a) The software used by the Customer in accordance with its application and purpose defined in these Terms and Conditions, as described and/or available on the following websites: https://bizvu.com, https://bizvu.co.uk and all relevant subdomains provided by Bizvu shall be deemed to constitute the Services.

b) The use of any new Services available on the aforementioned website, after the Customer has accepted the Terms and Conditions shall be subject to these provisions.

c) Bizvu is exclusively entitled to decide on the functionality, the use, subject matter and the overall scope of any particular Services as well as to cease delivering any of the Services.

d) Bizvu is exclusively authorised to decide on the contents and the nature of the software as well as to freely add, change or remove features or functions.

3. Use Of Services

a) Acceptable Use applies to Bizvu Services accessible through all relevant subdomains, mobile versions and successor URLs related to the domain or subdomain.

b) To ensure reliable and consistent functioning of the applications Customers shall not misuse the Services and products. Consequently, Customers agree not to:

(i) hinder functioning of the Services especially in the form of reverse engineering or hacking the Services, attempting to gain unauthorised access to the Services (or any portion thereof) or related systems, networks or data,
(ii) use the Services in a way contradictory to these Terms and Conditions, for example use the Services to generate or send unsolicited communications or communication judged to be spam, or otherwise cause Bizvu to become restricted in its ability to send communications on its own behalf or on behalf of its Customers’,
(iii) use the Services in a way which violates the rights of other individuals or infringes any applicable laws, rules, regulations or other legal or regulatory requirements.

c) As a condition of using the Services the Customer shall (a) as required by applicable law, provide notice to its Customers (End-users) and obtain consent if required for use of Bizvu Services as well as for processing and transferring Agents and End-users Personal Data to Bizvu and its Third Party Service Providers (including but not limited to the consent for processing of sensitive data if required); (b) be responsible for its employees, representatives, End-users, and Agents that have access to use the Services; (c) comply with any limitations or restrictions set forth in this Agreement, and (d) use the Services only in compliance with applicable law.

d) All information, data, text, software, graphics, commentary, video, messages, or any other materials submitted or processed by using the Services, (collectively, “Data”), is the sole responsibility of the person from whom such Data originated. The Customer is wholly responsible for all downloaded, uploaded or otherwise transmitted data via any of the Services. Bizvu is not responsible for the Data that the Customer submits in any of its Applications or Services.

e) The CUSTOMER acknowledges that Bizvu does not monitor and will have no liability or responsibility for the content of any communications transmitted via or hosted by any Service, or in relation to the way in which the CUSTOMER or any of its end-users uses a Service.

f) The Customer acknowledges and agrees that Bizvu may engage Sub-processors in connection with the provision of the Services, including without limitation the Processing of the Customer's Personal Data.

4. Acceptable Use

a) Acceptable Use applies to Bizvu Services accessible through all relevant subdomains, mobile versions and successor URLs related to the domain or subdomain.

b) To ensure reliable and consistent functioning of the applications Customers shall not misuse the Services and products. Consequently, Customers agree not to:

(i) hinder functioning of the Services especially in the form of reverse engineering or hacking the Services, attempting to gain unauthorised access to the Services (or any portion thereof) or related systems, networks or data,
(ii) use the Services in a way contradictory to these Terms and Conditions, for example use the Services to generate or send unsolicited communications or communication judged to be spam, or otherwise cause Bizvu to become restricted in its ability to send communications on its own behalf or on behalf of its Customers’,
(iii) use the Services in a way which violates the rights of other individuals or infringes any applicable laws, rules, regulations or other legal or regulatory requirements.

5. Copyright

a) All intellectual property rights in the Services and in any documents, software or other materials provided by Bizvu to the Customer shall vest and remain vested in Bizvu. The Customer will have a non-exclusive, non-transferable, revocable licence to use such materials solely for its internal use to the extent necessary to enjoy the Services for the duration of the applicable CONTRACT TERM. Such licence shall not entitle the Customer to claim title to, or any ownership interest in, the materials (or any derivations or improvements thereto) and the Customer will execute any documentation reasonably required by Bizvu from time to time to document Bizvu's existing and continued ownership of such rights.

b) In addition to 5a) above, the Customer agrees in relation to any such software that it is only entitled to use the software in object code form. The Customer will not and will not permit others to: (a) copy such software except as permitted by Bizvu, (b) attempt to reverse engineer, decompile or dissemble such software save to the extent that it cannot be prohibited by doing so under applicable law, (c) sell, lease, licence or sub licence such software, (d) create, write or develop any derivative software or any other software program based on such software or any Confidential Information of Bizvu, or (e) merge or include such software with or in any other software except with the express permission of Bizvu.

6. Charges and Payment

a) If the Customer wishes to use the Services, the applicable charges will be provided in the form of a quotation from Bizvu in respect of direct sales, or in the case of procurement via a Reseller, this will be through the price quote, pricing mechanism or order process provided by the approved reseller partner.

b) All SaaS services are billed on a monthly or quarterly in advance basis, as agreed with the Customer or Reseller. All CHARGES shall be due upon the CUSTOMER's receipt of the invoice and payable within 7 (seven) days of the invoice date. Payment shall be made without deduction, set off or counterclaim except (and to the extent that) the CUSTOMER has a valid court order entitling it to do so.

c) Bizvu is entitled to modify the Fees and/or any other fees payable pursuant to this agreement upon 30 days' prior notice to the Customer and the relevant quote shall be deemed to have been amended accordingly.

d) If Bizvu has not received payment within the due date and if no reasonable cause has been provided to Bizvu by the Customer, and without prejudice to any other rights and remedies of the Supplier, Bizvu may, without liability to the Customer, disable the Customer’s password, account and access to all or part of the Services and Bizvu shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid.

e) Regardless of the billing cycle, Bizvu provides no refunds or credits, unless specified otherwise, for unused Services.

7. Data Protection

a) For the purposes of these Terms and Conditions, the terms ‘controller’, ‘data subjects’, ‘personal data’, ‘processor’ and ‘process’ shall have the meaning given to them by the Data Protection Act 2018 and the European Union Regulation 2016/679 known as The General Data Protection Regulation (GDPR), as amended from time to time.

b) This clause 7 applies to all personal data processed by the parties in connection with the Services and any personal data derived from it (‘Relevant Personal Data’).

c) Unless stated otherwise the Customer acts as a Data Controller and Bizvu acts as Data Processor for purposes concerning the Services.

d) Each party shall comply with all data protection legislation applicable to it (‘Data Protection Law’) when processing Relevant Personal Data. Each party undertakes not knowingly to cause the other to breach Data Protection Law.

8. Bizvu as Data Processor

Where Bizvu acts as a Data Processor in providing the Services, it will process personal data on behalf of the Customer (‘Customer Personal Data’) and the Customer will be the Data Controller. In such circumstances Bizvu shall:

a) only process Customer Personal Data on behalf of the Customer in accordance with the written instructions received from the Customer from time to time, unless otherwise required by applicable Data Protection Law. Bizvu shall notify the Customer if it believes that the instructions infringe Data Protection Law unless informing the Customer is prohibited by law on important grounds of public interest.

b) keep Customer Personal Data confidential and implement appropriate technical and organisational security measures (including imposing confidentiality obligations on all staff working with Customer Personal Data) to ensure a level of security appropriate to the risks that are presented by the processing of Customer Personal Data, in particular accidental loss and unlawful processing. In case of a data breach which Bizvu reasonably believes affects Customer Personal Data, Bizvu shall notify the Customer without undue delay after having become aware of it.

c) (i) assist the Customer in ensuring compliance with Data Protection Act 2018 and the European Union Regulation 2016/679 known as The General Data Protection Regulation (GDPR); (ii) provide the Customer with all information necessary to demonstrate compliance with Data Protection Law; and (iii) allow for and contribute to audits, including inspections and information requests, conducted by the Customer or an auditor mandated by the Customer for which Bizvu will keep records of its processing activities performed on behalf of the Customer.

d) The Customer acknowledges and agrees that, where Bizvu is acting as a Data Processor in providing the Services, Bizvu may retain its third parties as Sub-Processors in connection with the provision of the Services having imposed on such Sub-Processors data protection obligations equivalent to those imposed on Bizvu under these Terms and Conditions, to the extent required by Article 28(4) of the European Union Regulation 2016/679. Bizvu shall be liable to the Customer for the performance of the Sub-Processors' obligations.

e) Subject to the requirements of applicable law and regulation, where Bizvu is acting as a Data Processor in providing the Services Bizvu shall, at the Customer’s request, delete or return all Customer Personal Data after termination of the Services.

f) Bizvu shall implement measures to assist the Customer in complying with the rights of data subjects.

g) Bizvu may, at its discretion, charge to the Customer any reasonable costs that Bizvu incurs in respect of discharging any of Bizvu obligations under any of clauses 8(c)(iii), (e) and (f).

h) Any observation or breach of data protection may be reported via support@bizvu.co.uk

i) Each Customer shall own all right, title and interest in and to all of the Customer’s Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer’s Data. Bizvu acknowledges and agrees that it has no right, title or interest in and to any Customer’s Data or End User Data.

j) In the event of any loss or damage to Customer’s Data and/or End User Data, the Customer’s sole and exclusive remedy shall be for Bizvu to use reasonable commercial endeavours to restore the lost or damaged Customer Data and/or End User Data from the latest back-up maintained by Bizvu. Bizvu shall not be responsible for any loss, destruction, alteration or disclosure of Customer’s Data and/or End User Data caused by any third party (except those third parties sub-contracted by the Supplier to perform services related to data maintenance and back-up).

9. Account Termination

a) Any Customer contracting directly with Bizvu may terminate its services, in part or in full, on provision of one calendar months’ notice.

b) Any Customer contracting via a Bizvu Reseller partner will be bound by the terms and conditions of that partner, who will then be responsible for advising Bizvu of the Customer request to terminate their services.

c) Termination of services where any pre-payment has been made does not obligate Bizvu to refund the amount for the unused period.

d) Bizvu reserves the right to close the Customer’s account due to any gross infringement of the provisions of these Terms and Conditions or in the event of illegal use of the offered Services.

e) Bizvu shall not be liable for any damage suffered by the Customer or the End-user which has arisen due to the suspension or closing the account by the Customer or for other reasons arising from the Customer’s fault.

10. Guarantee and Limited Liability

a) Bizvu guarantees the highest quality of its operations to ensure accessibility and continuity of the offered Services in accordance with their use and purpose.

b) Bizvu does not guarantee compatibility of offered Services and products with other producers’ software. The Customer shall bear responsibility for the choice and consequences arising from the use of other software including its applicability to the Customer’s objectives. Please be aware that due to the complexity of data transmission and the connections to third party data platforms, there is no guarantee of absolute security, accessibility and continuity of the provided Services.

c) Bizvu shall bear no liability in particular for:

i) all negative consequences being the result of a force majeure event,
ii) phrases and entries added to any social network in connection with the use of offered Services,
iii) unlawful Customer operations, inconsistent with these Terms and Conditions,
iv) outages in accessibility of supplied products and Services not caused by Bizvu,
v) damage suffered by the Customer, End-user or any other person or entity arising due to the suspension or closing the account by the Customer or for other reasons arising from the Customer’s fault,
vi) damage suffered by the Customer as a result of a third-party using data that enables him to access the provided Services and products,
vii) damage arising from the Customer as a result of the inability to use offered products and Services including damage actually suffered, the loss of expected benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shut-down, company reputation infringement.

11. Privacy Policy

Principles of Customer privacy protection including Personal Data protection have been described in a separate Privacy Policy.

12. General

a) If any reference in these Terms is found to be unenforceable or invalid, that provision will be limited or excluded to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
b) The agreement under these Terms is not assignable, transferable or sub-licensable.
c) No agency, partnership, joint venture, or employment is created as a result of any agreement under these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and legal fees.
d) All notices under these Terms will be in writing and will be deemed to have been duly given when received, or if transmitted by email, the day after it is sent.
e) The agreement under these Terms will be governed by the laws of England and Wales and all parties agree to the exclusive jurisdiction of the courts of England and Wales.

Updated 24/01/2025