Article 1. Applicability and Interpretation
1.1 The following words and expressions used in these Rules have the following meanings:
- Participation Agreement
A completed online entry form in the form specified by the Organiser for entry of a Customer Service Department in the Event.
Any article in these Rules.
Customer Service of the Year Limited a company incorporated in England with number 07908074 and registered office at 93 Newman Street, London, W1T 3DT.
1.2 These terms apply to any application submitted by you to enter a Customer Service Department into the Event and by submitting a Participation Agreement you agree to be legally bound by these Rules and any instructions or rules contained in the Participation Agreement. No other terms or conditions, whether express or implied shall apply to your participation in the Event. An agreement is entered into between You and the Organiser only when your completed Participation Agreement is delivered to and accepted by the Organiser. The agreement will remain in force unless it is terminated in accordance with Article 7.10.
1.3 The Organiser reserves the right to change these Rules from time to time, and the version posted on the Organiser’s website www.csoy.co.uk will apply to Your participation in the Event.
1.4 You acknowledge that by submitting a completed Participation Agreement You commit Yourself to the whole Event and in particular to the payment of any fees that become due under Articles 6.1 or 6.2.
Article 2. Event scope
2.1 All companies offering goods and services for sale in the United Kingdom may participate. The Event is open to the departments in charge of customer and prospect relations (“Customer Service Departments”) covering all services that may be offered to customers, including but not limited to the following: information about products or services, order intake, order tracking, delivery, post-sales customer care. The company Customer Service Departments are divided into the appropriate categories, the indicative list of which is set out in Appendix 3 (“Categories”).
Article 3. Application process and categorisation
3.1 Completed Participation Agreements and full support materials must be completed online or sent by You at the latest by 30th April 2017 to: www.csoy.co.uk or to the Organiser at 93 Newman Street, London W1T 3DT. The Organiser will have the right to reject (without giving reasons) any Participation Agreement submitted.
3.2 The Participants are required to supply the following documents and products:
- a list of the pay or free telephone numbers that may be used to access the contact centre(s);
- a chart summarising all calls received, including the breakdown by month, week, day and hour;
- the routing for the SVI(s) (Interactive Voice Responder) reached through the telephone numbers;
- a list of the e-mail addresses and URLs for forms to which customer requests and/or prospects are addressed;
- a chart summarising all e-mails and/or forms received with the breakdown by month, week, day and hour;
- a list of the Web site addresses (in http://www. format) at which customers and/or prospects may contact the Participant;
- a list of the Web site addresses (or Facebook page(s)) at which the customers and/or prospects may contact the Participant;
- the terms of reference set out for the contact centre(s), outlining their areas of skill and fields of action;
- the list of issues most frequently addressed by the contact centres;
- the manuals relating to the Participant’s flagship products and/or services.
3.3 Participants are expected to provide all of the items listed within any timeframe set by the Organiser. Should they fail to do so, the Organiser reserves the right to disqualify the Participant.
3.4 Those Participants admitted to compete will receive an admission letter confirming their participation in the Event, as well as an invoice for the fee payable pursuant to Article 6.1.
3.5 You are responsible for the accuracy and completeness of any information submitted as part of the Participation Agreements.
3.6 A company may submit entries in as many Categories as it wishes, although only one single entry per Category per company will be allowed. Each Customer Service Department submitted in a Category will become a Participant for purposes of these rules.
3.7 Each Category will include a minimum of two companies. In the event that a specific Category should have attracted fewer than two Participants by the date on which registration is closed, the Organiser shall be free to combine Categories or extend the Tests, depending on circumstances, to one or two companies operating in a business sector that matches the relevant Category, and the customer service department of which is not registered as a Participant in the relevant Category (“Benchmark Players”). The Benchmark Player(s) in each Category are the leaders, in terms of market share, in the related business sector (with the exception of Participants in the related Category), as determined in each Category by a publicly-recognised reference index for the said activity sector. The Organiser will inform each Benchmark Player in a given Category of the Tests carried out in respect of its Customer Service Department.
3.8 The Organiser agrees that, except as otherwise provided in Article 7.2, all information and documents submitted by You will be treated by the Organiser as confidential and will not be disclosed or published by the Organiser without Your consent, except as may be required by law or any regulatory authority. The Winners shall however allow the Organiser to publicise their results, name, logotype, address and Category or Categories in which they have been distinguished. The Organiser undertakes to withhold from processing personal details unless first expressly authorised to do so by the Participant. Participation Agreements submitted by You will be kept by the Organiser and will be dealt with by the Organiser as it sees fit.
Article 4. Procedure to determine Winners
4.1 The Customer Service of the Year Award is based on the mystery customer concept; in other words, a consumer (the “Mystery Customer”) comes into contact with the Participants anonymously, with responsibility for assessing how each Participant deals with the issues set before it and the quality of service provided by the Participant to the consumers (“Tests”). The Test results based on the customer service offered by the Participant in a Category will be written up in a study report and the winner (“Winner”) will be nominated by the Mystery Customers and the Organiser.
4.2 The Mystery Customer assesses the accuracy of the information gained through the Tests on the following basis:
- Good (2 points): the information expected is sent out in line with the criteria stated.
- Partial (1 point): only part of the expected information is sent out or too much information is provided.
- Poor and/or non-existent (0 point): none of the information provided matches the customers’ expectations and/or no information is provided, when information was awaited.
4.3 The “Quality of the Response” criterion, as set out in Appendix 1, will be assigned a multiplier coefficient of two. It will thus be scored as follows:
- Good (4 points): the information expected is sent out and matches the source data.
- Partial (2 points): only part of the expected information is sent out or too much information is provided.
- Poor and/or non-existent (0 point): none of the information provided matches the information expected and/or no information is provided, when information was awaited.
4.4 In order to ensure that the Mystery Shoppers credibility in their position, they will be allowed to: (i) call upon the Participant’s Customer Service Department for a fictitious problem requiring a normal or customary response and (ii) call upon the Participant’s Customer Service Department for a fictitious problem requiring a special response. As soon as the said special response has reached the material or physical intervention stage and that the response needed to solve the fictitious problem will have been provided, the Mystery Customer will specify the conditions under which it has contacted the Participant, so that the special response can be brought to an end. Both 90% of new and 10% of existing relationships will be mystery shopped.
4.5 The Tests are carried out by consumers who may or may not be specifically qualified with respect to the Category in which they serve as Mystery Customer. The Tests will be conducted by the Mystery Customers according to scripts prepared by the Organiser and provided to the Mystery Customers prior to the start of the Tests. These scripts will be developed by the Organiser, drawing upon the contractual documents provided to consumers by the Participants, advertisements, generally observed customer service breakdowns and typical pre-sale, sale and post-sale issues.
4.6 Each Participant shall be subject to 100 Tests across the following four communication channels:
- 50 telephone calls;
- 30 face to face mystery shops;
- 15 email / online form enquiries; and
- 5 self-service (website).
The order of the Tests and Participants tested in each Category is random. The procedures according to which a Participant’s Customer Service Department is contacted will be those found and easily identifiable on the Participants’ communications and sales materials (for instance, advertising, booklets, brochures, sales contracts or order slips, packaging and websites). Should a Participant use only two or three of the four communications channels, only those channels managed will be made the focus of an assessment. In this event, the Tests will focus on the two or three communications channels used and the number of Tests per channel will remain the same.
4.7 All of the Tests will be carried out during August and September. Tests carried out via telephone will be conducted at times to reflect a variety of call volumes observed in the Participant’s Category and will necessarily take place during the working hours and days of each Participant’s Customer Service Department. Each Participant is assessed in each communication channel according to the criteria set out in Appendix 1.
4.8 The Winners will be designated by Category. The final consolidated score used to distinguish the Participants shall be computed by taking the aggregated score from each visit for each Participant and multiplying by a co-efficient determined by the channels available and sample sizes per channel (as shown in Appendix 2), in order to determine the final score per Participant. The Winner in each Category shall be the participant in the said Category with the highest consolidated final score, provided that the said score is equal to or greater than 11.5/20.
4.9 Each Participant will receive the detailed results on its Customer Service Department and the compared results for its Category or Categories. The results will be listed anonymously, except the name of the Participant to whom they are addressed. The list of winners will be disclosed at an official awards ceremony and on the CSOY website.
4.10 If during the Tests it appears that a Participant does not match the definition set out for the Category in which it is competing, the Participant, having been informed by the Organiser, may be transferred to a more appropriate Category (at the Organiser’s discretion).
4.11 The Organiser may disqualify any Participant at any time where:
4.11.1 it does not make any payment due under these Rules; or
4.11.2 the Organiser has reasonable grounds for considering that the continued participation in the Event of the Participant would damage the reputation and goodwill of the Event and / or the Trade Mark.
Article 5. Trade Mark Licence
5.1 Subject to You making the payments set out in Article 6, if Your Customer Service Department is selected as a Winner You will be granted a limited, revocable, non transferable, non assignable licence (“Licence”) to use the Trade Mark only in the Territory subject to these Rules.
5.2 The duration of such Licence is limited to one year commencing on the announcement of the Winner’s name (“Licence Period”).
5.3 Subject to payment of the fees as provided for in Article 14.4 of the Rules, the Winners are authorised to use the Trade Mark solely for the purpose of promoting their Customer Service Department in the relevant Category on all written, radio, television, IT or multimedia communications media for the Licence Period in accordance with the Trade Mark guidelines. Any use must refer to the relevant year and to the Category that the Participant won. The Trade Mark may only be used in the form, dimensions and graphic representation approved, in each instance, in writing by the Organiser in its sole discretion. You will comply at all times with Trade Mark Guidelines and with the reasonable instructions and the directions of the Organiser in relation to Your use of the Trade Mark under the Licence. You must receive prior consent from the Organiser for any projected use of the Trade Mark prior to its use.
5.4 The Organiser may retract a Winner’s right to use the Trade Mark in the event of failure to comply with these Rules. The Organiser shall notify the Winner of the instance of non-compliance in writing, asking that it be remedied within a set period of time. Should the Winner fail to remedy the non-compliance within that time, the Organiser shall notify the Winner in writing that it will no longer be allowed to use the Trade Mark on any material whatsoever from 15 working days after notification onwards, and that the Winner loses all rights to use the Trade Mark from that date on.
5.5 The Winners undertake to inform the Organiser of any violation of trademark-related rights of which they become aware. The Winners undertake to inform the Organiser of any infringement proceedings against them or any infringement of which they are the target. The Organiser shall have sole conduct of and bear all expenses incurred in defending such proceedings, and shall be the only party entitled to receive any damages or other payments. The Winners may take action on proceedings initiated by the Organiser in order to seek compensation for damages incurred on their own part.
5.6 [You acknowledge that the Trade Mark is the exclusive trade mark of the Organiser or its licensors]. You agree not to apply for or obtain registration of the Trade Mark for any goods or services in any jurisdiction, nor to use the Trade Mark (or anything confusingly similar to the Trade Mark) as a company, business, trade or product name in any jurisdiction.
5.7 You undertake to monitor use of the Trade Mark under the Licence to ensure that it is no longer used by or on behalf of You on, and no longer appears in advertising for, the winning Customer Service Department after expiry of the Licence Period. You acknowledge that the value of the Event lies in there being only one Winner per Category in any year and agree to indemnify the Organiser for any costs, claims or expenses it may incur or suffer as a result of a failure to comply with the provisions of this clause. You further acknowledge that damages would not be an adequate remedy for breach of the above and that the Organiser should be entitled to seek an interim order to prevent use of the Trade Mark in breac of these Rules.
5.8 You agree that the Organiser may in the course of organisation and promotion of the Event use copies of any advertisement or other materials using the Trade Mark under the Licence in the Event year and afterwards.
Article 6. Fees
6.1 On submitting a Participation Agreement, the Participants agree to pay a registration fee of £6,750 per Customer Service Department per Category. Should the Participant choose to withdraw from participating in the Event, the registration fees will not be returned.
6.2 In consideration for the grant of the Licence under Article 5.1, each Winner undertakes to pay the Organiser a fee of £9,750 per winning Customer Service Department in a Category.
6.3 Payment of the amounts set out in 6.1 and 6.2 is due within ten days of receipt of invoice.
6.4 The Organiser will be entitled to charge You interest on any amounts not paid on the due date, at the rate of 3% above the base rate of Barclays Bank PLC from time to time, compounded monthly.
Article 7. General
7.1 The Organiser will not be liable for failure to perform any obligation under these Rules to the extent that it is caused due to forces beyond its control.
7.2 The Organiser accepts no liability to Participants under these Rules, although nothing in this agreement limits or excludes the Organiser’s liability for death or personal injury caused by its negligence, nor for fraud or fraudulent misrepresentation, and nor for breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 or any other liability that cannot be limited or excluded by applicable law.
7.3 Any question regarding the interpretation or application of these Rules or other question relating to the Event will be settled by the Organiser, in its sole discretion.
7.4 Whenever the singular number is used in these Rules and when required by the context, the same will include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa.
7.5 The headings in these Rules are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of these Rules or any of their provisions.
7.6 If any provision of these Rules is invalid, illegal, or unenforceable to any extent, the remainder of these Rules and their application will not be affected and will be enforceable to the fullest extent permitted by law unless the provision held to be illegal, invalid or unenforceable is so fundamental to the sense of these Rules that its illegality, invalidity or unenforceability would make the enforceability of the remainder unreasonable.
7.7 The Organiser may assign, subcontract or otherwise transfer all or any part of its rights or benefits under this agreement. The agreement is personal to You and any rights or benefits under this agreement may not be assigned or sublicensed by You.
7.8 These Rules and the documents referred to in them, constitute the entire agreement between You and the Organiser and supersede all other agreements or arrangements, whether written or oral, express or implied, between You and the Organiser, its successors and assigns.
7.9 Neither party will be affected by any delay or failure in exercising or any partial exercising of any rights under these Rules unless the party has signed an express written waiver or release.
7.10 The Organiser may terminate this agreement with immediate effect at any time by notice in writing to You if:
7.10.1 You are in breach of Article 5;
7.10.2 You fail to pay any amount due under Articles 5.7, 6.1 or 6.2.
7.10.3 You are in material or persistent breach of any other provisions of this agreement and the breach, if capable of remedy, has not been remedied within ten days after Your receipt of notice requiring the breach to be remedied.
7.11 If the agreement is terminated, all the rights and obligations of the parties will cease immediately, except for those provisions expressly stated to survive termination of this agreement. Termination of this agreement will not affect any rights or liabilities arising prior to termination.
7.12 All payments to be made by You under these Rules are exclusive of VAT or other applicable taxes or duties which will, where applicable, be paid in addition by You.
7.13 The rights, powers and remedies provided in these Rules are cumulative and not exclusive of any rights, powers and remedies provided by law. The exercise or partial exercise of any right, power or remedy provided by law or under these Rules will not preclude any other or further exercise of them or the exercise of any other right, power or remedy.
7.14 The signatory executing these Rules on behalf of another person represents and warrants that he is empowered to execute them and that all necessary action to authorise their execution has been taken.
These Rules are to be governed by and construed in accordance with English law and the courts of England are to have jurisdiction to settle any dispute in connection with these Rules
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