Terms and conditions

1. Purpose

Nertel designs, configures and maintains AI voice agents for businesses: agents that answer calls, manage appointments and bookings, respond to common questions, transfer the call to a person when needed and connect to the client’s tools. These terms apply to any service contracted from Nertel.

2. Definitions

• Client: the individual or legal entity that contracts the services.
• Services: the voice agents and related services described in the proposal or contract.
• End user: the person who speaks with the client’s agent, such as its customers or patients.
• Data: the information processed when providing the services, including call recordings, transcripts and metadata.

3. Contracting

The relationship is formalised by accepting a proposal or signing a contract. Before the service is activated, the client provides its billing details and helps with the setup: the call flows, the information the agent must give and the integrations.

Nertel may refuse a contract where there are signs of fraud, previous non-payment or intended unlawful use.

4. Client obligations

• Use the services in accordance with the law and these terms.
• Inform end users that they are speaking with an automated agent and, where the law requires, that the call is recorded, and obtain the necessary consents.
• Provide accurate, up-to-date information to configure the agent.
• Keep its access credentials safe.
• Pay invoices on time.
• Not resell or assign the services without permission, nor attempt to access their source code.

5. Nertel obligations

• Provide the services with the professional diligence customary in the sector.
• Apply technical and organisational measures to protect the data.
• Comply with data protection law.
• Inform the client of incidents that significantly affect the service.
• Provide support under the conditions set out in the proposal or contract.

6. Prices and billing

Prices are those in the proposal or contract accepted by the client and do not include VAT or other applicable taxes unless stated otherwise. The method and frequency of billing and payment are set out in the proposal or contract.

If an invoice is not paid, Nertel may suspend the services after giving the client reasonable prior notice.

7. Term

The term of the contract, its renewal and the conditions for early termination are those set out in each client’s proposal or contract.

8. Intellectual property

Nertel retains the rights to its configuration and development work, its tools and its documentation. The client receives a non-exclusive, non-transferable licence to use them for the duration of the contract. Third-party technology that forms part of the service is used in accordance with its licences.

The information, recordings and data the client generates through the services belong to the client, who authorises Nertel to process them solely to provide the service.

9. Data protection

With regard to end users’ data, Nertel acts as data processor and the client as data controller. The data is processed in accordance with the client’s instructions, the GDPR and the LOPDGDD, under the terms of the data processing agreement signed with the service.

The services are provided with suppliers located in the European Union and, for voice and text processing, in the United States, with the safeguards the GDPR provides for international transfers.

10. Confidentiality

The parties shall keep confidential the technical, commercial and business information they learn through the relationship, for its duration and for five years after it ends.

11. Limitation of liability

Nertel is not liable for indirect damage, loss of profit or business losses arising from use of the services. Its total liability is limited to the amount paid by the client in the twelve months before the event causing the damage, except in cases of wilful misconduct or gross negligence.

A voice agent may not understand every conversation correctly, for example with a lot of background noise, strong accents or highly technical vocabulary. The client is responsible for supervising important decisions that depend on the service.

12. Termination

The contract may be terminated by:

• mutual agreement;
• a serious breach by either party;
• non-payment of two or more consecutive invoices;
• unlawful or fraudulent use of the services;
• insolvency proceedings or insolvency of either party;
• force majeure preventing the service from being provided for more than thirty days.

13. Changes

Nertel may amend these terms and will notify clients at least thirty days in advance. If the client does not agree, it may terminate the contract without penalty before the changes take effect.

14. Governing law and jurisdiction

These terms are governed by Spanish law. Any dispute shall be submitted to the courts of Girona. For any questions, write to us at info@nertel.ai.