TERMS OF USE – HOSTED CALL RECORDING SERVICE
INTRODUCTION
This CallN hosted call recording service (the Service) available on the calln.com website (the Website) to record calls and conversations (Calls) is owned and provided by CallN Pty Ltd (ABN 35 626 703 419) (We, Us or Our).
These Terms set out the terms and conditions on which We will provide, and you (You) may access and use, the Service.
These Terms apply in addition to any other terms and conditions to which You are subject in relation to the Service, including
(A) OUR PRIVACY POLICY AVAILABLE AT HTTPS://CALLN.COM/privacy-policy (OUR PRIVACY POLICY);
(B) OUR SECURITY POLICY AVAILABLE AT HTTPS://CALLN.COM/security-policy (OUR SECURITY POLICY);
(C) THE ‘END USER LICENCE AGREEMENT’ (EULA) FOR OUR VOIP RECORDING SOFTWARE PRODUCT (THE SOFTWARE PRODUCT);
(D) THE TERMS OF USE FOR OUR WEBSITE AVAILABLE AT HTTPS://CALLN.COM/terms; AND
(E) ANY RELEVANT THIRD PARTY TERMS AND CONDITIONS,
(collectively, Other Terms). In the event of any inconsistency between these Terms and the Other Terms, these Terms will prevail to the extent of the inconsistency.
By registering online and using the Service, You accept and agree to be bound by these Terms (and any applicable Other Terms) without any limitation or qualification. These Terms constitute a legally binding agreement between You and Us.
CHANGES TO THESE TERMS
We may change these Terms from time to time by notifying You on the Website. You will be asked to confirm Your acceptance of any modified Terms prior to logging in. By indicating that You accept these modified Terms or You continuing to use the Service, such changed Terms will apply from that point forward.
REGISTRATION AND LOGGING IN
In order to use the Services You need to register for an account online (Your Account). As part of the registration process You must provide Us with:
(A) YOUR NAME AND EMAIL ADDRESS;
(B) COMPANY NAME (IF APPLICABLE);
(C) A USERNAME AND PASSWORD;
(D) CREDIT CARD DETAILS (ACCEPTABLE CREDIT CARDS WILL BE LISTED ON THE WEBSITE); AND
(E) PROPOSED SITE ADDRESS THAT WILL BECOME YOUR CALLN SITE ADDRESS,
(TOGETHER, YOUR ACCOUNT INFORMATION).
You warrant to Us that:
(A) YOU HAVE THE AUTHORITY TO ENTER INTO AN AGREEMENT WITH US ON THESE TERMS (AND TO USE ANY RELEVANT CREDIT CARD); AND
(B) ALL ACCOUNTING INFORMATION IS ACCURATE, TRUTHFUL AND COMPLETE AND WILL BE KEPT UP TO DATE.
SERVICES
Provided that Your Account is in credit, We will provide the Service to You.
It is Your responsibility to determine whether the Service is suitable for Your requirements.
If You elect to acquire the optional call transcription and analysis service (for English language calls only) then that service will form part of the Service for the purposes of these Terms.
The Website will indicate if You need to download the Software Product in order to use the Service. If so, You must download, install and use the latest version of the Software Product in accordance with the EULA.
We cannot guarantee that the Service will be uninterrupted, fault free, 100% accurate and always operate as intended. Performance of the Service can be affected by many factors including voice quality, background noise, interference, users’ accents and users’ choice of telecommunications service (eg, location analysis is only available for Australian fixed-line calls). Also, certain functions like machine-based transcription and redaction, sentiment analysis and custom vocabularies are developing technologies and are subject to inherent limitations. These functions are provided on an ‘as is’ basis. Given machine-based redaction of credit card information is not 100% reliable, you should not assume the Service is fully PCI DSS complaint.
You acknowledge that We may subcontract the provision of any part of the Services in Our discretion, including to off-shore service providers.
YOUR COMPLIANCE WITH LAWS AND INFORMING CALLERS OF RECORDINGS
You must comply with all applicable laws and regulations (“Laws”) at all times in all jurisdictions in which You are using the Service and making and receiving Calls that will be recorded using the Service.
Most countries have Laws regarding the recording of telephone and VoIP conversations. You must ensure that You comply with all such Laws when using the Service.
You are solely responsible for:
(a) GIVING ALL NOTIFICATIONS TO, AND OBTAINING ALL CONSENTS FROM, ALL PARTIES TO CALLS RECORDED USING THE SERVICE AS REQUIRED BY LAW; AND
(b) THE CONTENT OF ALL CALLS RECORDED USING YOUR ACCOUNT.
The Website contains examples, sample announcements and materials on how You may inform callers of the Call recording and an option to request that the Call not be recorded. This is provided by way of example and for convenience only and in no way constitutes advice about Your legal requirements for recording Calls. You must notify Us immediately if You become aware of any unauthorised use of the Service, or any use of the Service in breach of any Law.
YOUR OTHER RESPONSIBILITIES
You must:
(A) NOT ATTEMPT TO MODIFY OR ALTER THE SERVICE IN ANY WAY OR REVERSE ENGINEER, DECOMPILE, OR DISASSEMBLE ANY SOFTWARE USED TO PROVIDE THE SERVICE;
(B) NOT ALLOW ANY THIRD PARTY TO USE THE SERVICE;
(C) NOT USE ANY VIRUS, DEVICE, SOFTWARE OR PROCESS, OR OTHERWISE USE THE SERVICE IN ANY WAY, TO INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THE SERVICE;
(D) NOT POST OR TRANSMIT TO OR VIA THE SERVICE ANY MATERIAL, OR OTHERWISE USE THE SERVICE FOR ANY ACTIVITY, THAT BREACHES ANY LAW OR REGULATION OR INFRINGES ANY PERSON’S RIGHTS;
(e) KEEP YOUR USERNAME AND PASSWORD PRIVATE, SECURE AND CONFIDENTIAL; AND
(f) OT ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT OR USERNAME AND PASSWORD.
You grant Us a non-exclusive licence (with the right to sub-license to Our third parties) to access, use, reproduce, store and transmit Your Calls for the purposes of providing the Service.
We are not responsible or liable in any way for any Calls or content recorded, accessed, transmitted or stored through the Service, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, business interruption, loss of privacy or the disclosure of confidential information.
FEES
Our fees for the number of handsets that You select will be specified during the registration process (the Fees). The Fees do not apply during an initial free trial period as offered by Us (or such longer period as may be agreed) (Free Trial Period).
After the Free Trial Period, Fees are due and payable monthly in advance (Billing Period) until these Terms are terminated. We will automatically charge the Fees to the credit card that You specify as part of Your Account Information at the beginning of each Billing Period. You authorise Us to charge the applicable Fees to that credit card.
CHANGES TO PRICING
We will not change the Fees during the 12 months following the Free Trial Period (Initial Term). After the Initial Term, We may change the Fees for the Service at any time on notice to You (which may, without limitation, be via email or posted on the Website). If You are already using the Service, We will notify You at least one month in advance (ie the new Fees will apply for the following Billing Period).
If You are not happy with the changed Fees, You may cease using the Services. Note that no refunds for pre-paid amounts will be provided.
CHANGING THE NUMBER OF HANDSETS
You may change the number of handsets that You have selected at any time by following the prompts on the Website.
If You increase the number of handsets at any time, You will be charged a pro-rata additional amount for the additional handset(s) during the Billing Period in which you made the change, and the new fees will apply in full for the subsequent Billing Period(s) (ie the following month(s)).
If You decrease the number of handsets after the Initial Term the new fees will apply for the Billing Period(s) following the Billing Period in which you made the change.
If You decrease the number of handsets during the Initial Term the new fees will apply for the Billing Period(s) following the Initial Term (ie, you will not be entitled to any reduction or refund of Fees in respect of the Initial Term).
INTERNATIONAL CUSTOMERS
If You are based outside Australia then the Fees for the Initial Term are payable in advance. If You reduce the number of handsets during the Initial Term You will not receive any refund of these Fees. If You increase the number of handset during the Initial Term You will be charged the additional Fees on a monthly basis.
OWNERSHIP
All rights and title, including all copyright and other intellectual property rights, in and to the Services (including the underlying software) and associated materials provided by or on behalf of Us are owned (or licensed) by Us. We reserve all rights not expressly granted in these Terms.
PRIVACY AND DATA SECURITY
Your privacy and the security of Your data is important to Us. By registering and using the Services, You agree to be bound by Our Privacy Policy and Our Security Policy as may be amended from time to time.
TERMINATION
You may terminate Your use of the Service at any time after the Initial Term by giving written notice to Us. No refunds will be provided for any Fees that You have pre-paid to Us.
Without prejudice to any of Our other rights, We may terminate or suspend Your access to, and use of, the Service (or any part thereof):
(A) IMMEDIATELY IF YOU BREACH, OR WE REASONABLY BELIEVE THAT YOU ARE IN BREACH OF, ANY OF THESE TERMS, THE EULA OR ANY OTHER TERMS;
(B) IMMEDIATELY IF YOUR EULA WITH US TERMINATES;
(C) IMMEDIATELY IF THE APPLICABLE FEES ARE UNABLE TO BE PROCESSED ON THE CREDIT CARD THAT YOU HAVE PROVIDED OR YOUR ACCOUNT IS OTHERWISE NOT IN CREDIT;
(D) IMMEDIATELY IF YOU BREACH, OR WE REASONABLY BELIEVE THAT YOU ARE IN BREACH OF, ANY LAW;
(E) ON NOTICE TO YOU IF WE ARE REQUIRED TO IN ORDER TO COMPLY WITH ANY LAW; OR
(F) ON 30 DAYS’ NOTICE TO YOU, AT ANY OTHER TIME FOR ANY OTHER REASON.
We may also suspend the Services as necessary for technical or operational reasons, for example to perform necessary maintenance or in relation to unauthorized access or suspected misuse from time to time.
If Your use of the Service is terminated, You must immediately:
(G) CEASE USING THE SERVICE AND THE SOFTWARE PRODUCT; AND
(H) DESTROY OR DELETE ALL COPIES OF THE SOFTWARE PRODUCT IN YOUR POSSESSION OR CONTROL.
If Your use of the Service is terminated during the Initial Term, we will charge You a cancellation fee equal to the Fees due for each Billing Period remaining in the Initial Term.
If We cannot provide the Service because of a matter outside of Our reasonable control (including without limitation failure or shortage of power supplies, acts or omissions of communications providers or other third parties, compliance with any Law or court order, acts or omissions of local or central government or other competent authorities), then Our obligations to provide the Service will be suspended for the duration of that matter.
We reserve the right to remove or delete any recorded Calls that We reasonably believe do not comply with these Terms or for technical or operational reasons.
LIABILITY
Nothing in these Terms is intended to exclude, restrict or modify rights which You may have under any Law (including under Schedule 2 of the Competition and Consumer Act 2012 (Cth) (the Australian Consumer Law)), or any regulations of the Australian Communications and Media Authority, which may not be excluded, restricted or modified by agreement (Your Consumer Rights). You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.
If You suffer any loss in connection with the Services, You must take all reasonable steps to minimise Your loss, including notifying Us without delay if there are steps We can take to help minimise Your loss.
Subject to Your Consumer Rights, We are not liable to You (whether under statute, contract or tort, including for negligence, or otherwise):
(A) FOR ANY LOSS OF REVENUE, BUSINESS, ANTICIPATED SAVINGS, PROFITS, CORRUPTION OR LOSS OF DATA OR RECORDED CALLS, OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS HOWSOEVER ARISING;
(B) FOR ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE TO YOU AND US;
(C) TO THE EXTENT THAT YOUR LOSS OR DAMAGE WAS CAUSED OR CONTRIBUTED TO BY YOU; AND
(D) TO THE EXTENT ANY LOSS OR DAMAGE WAS CAUSED BY A MATTER OUTSIDE OF OUR REASONABLE CONTROL (INCLUDING WITHOUT LIMITATION FAILURE OR SHORTAGE OF POWER SUPPLIES, ACTS OR OMISSIONS OF COMMUNICATIONS PROVIDERS OR OTHER THRID PARTIES, COMPLIANCE WITH ANY LAW OR COURT ORDER, ACTS OR OMISSIONS OF LOCAL OR CENTRAL GOVERNMENT OR OTHER COMPETENT AUTHORITIES).
If We are required to take responsibility for any loss or damage under the Australian Consumer Law, then to the extent that We are permitted to do so such responsibility will be limited to resupply of the Service or paying the cost of having the Service supplied again.
YOUR INDEMNITY TO US
You indemnify Us and Our related entities and subcontractors against any loss, cost, expense (including reasonable legal fees), claim, demand or action (howsoever caused) suffered or incurred by Us, Our related entities or subcontractors arising in connection with:
(A) ANY BREACH BY YOU OR ANY OF YOUR EMPLOYEES, AGENTS, CONTRACTORS OR OTHER ACCOUNT HOLDERS (YOUR PERSONNEL) OF OUR INTELLECTUAL PROPERTY RIGHTS IN THE SERVICE OR SOFTWARE PRODUCT;
(B) ANY BREACH BY YOU OR ANY OF YOUR PERSONNEL OF ANY APPLICABLE LAW;
(C) ANY NEGLIGENCE OR WILFUL MISCONDUCT BY YOU OR YOUR PERSONNEL;
(D) THE CONTENT OF YOUR CALLS OR ANY OF YOUR CALLS RECORDED IN BREACH OF ANY LAW; AND
(E) ANY CLAIM OR ACTION MADE OR THREATENED AGAINST US OR OUR RELATED ENTITIES OR SUBCONTRACTORS BY YOUR PERSONNEL OR ANY PARTY TO A CALL RECORDED BY YOU OR YOUR PERSONNEL USING THE SERVICE.
The benefit of these indemnities is held by Us on Our own behalf and on trust for Our related entities and subcontractors.
GENERAL
These Terms and Your use of the Service and any dispute arising out of such use of the Service is subject to the laws of Australia. The courts of Victoria, Australia (and the courts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with these Terms.
If We do not act in relation to a breach of these Terms by You, We do not waive any rights to act in relation to that breach or any later breach by You.
If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
If You have any questions or complaints about the Service, please contact Us on the details below:
Email: [email protected]
Phone: +61 1300 IMPROVE
