Terms

Terms of Use – Hosted Call Recording Service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE HOSTED CALL RECORDING SERVICE
These terms of use are effective from 31 March 2015

Introduction

This CallN hosted call recording service (the Service) available on the calln.com website (the Website) to record calls and conversions (Calls) is owned and provided by 1300 Australia Pty Ltd, trading as Telstra Phonewords (ABN 77 108 792 016) (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/about-us/privacy-policy/ (Our Privacy Policy);
(b)                Our security policy available at https://calln.com/features/security-as-a-feature/ (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/about-us/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:

(f)                 You have the authority to enter into an agreement with Us on these Terms;
(g)                if acting on behalf of a company, You have authority to act on behalf of that company;
(h)                You will provide Us with accurate, truthful and complete Account Information and You will keep Your Account Information accurate and up to date; and
(i)                 You are the authorised user of the credit card and the payment details You enter (including without limitation account holder name, credit card number, security code and billing address) are true, accurate and complete.

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.

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.

While reasonable care and skill is taken to ensure that Calls are recorded accurately, the recordings are provided on an ‘as is’ basis and may at times contain errors or omissions.

We cannot guarantee that the Service will be virus or fault free or that access to the Service will always function as intended or be uninterrupted.

Since electronic services are subject to interruption and breakdown, access to the Service is offered on an ‘as is’ and ‘as available’ basis only.  

You acknowledge that We may subcontract the provision of any part of the Services in Our discretion.

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)                making Your own enquiries and keeping Yourself fully informed regarding Your obligations under all applicable Laws;
(b)                giving parties to Calls that will be recorded using the Service all necessary warnings and notices of the recording, and the use that will or may be made of the recording and any information and content contained therein, as required by Law;
(c)                obtaining the consent of all parties to Calls as required by Law;
(d)                informing Your employees about the recording of Calls; and
(e)                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 remain solely responsible for determining, and ensuring Your compliance with, all Laws when recording Calls using the Service. Keep Yourself regularly informed of the relevant Laws in the jurisdictions in which You are making and receiving Calls that will be recorded using the Service as they may change from time to time.

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)                ensure that no Calls recorded using the Service contain any content that defames, harasses, threatens, menaces or offends any person or contains any obscene, indecent or inflammatory content or content that infringes any party’s rights (including intellectual property and privacy rights);
(f)                 keep Your username and password private, secure and confidential and not provide them to any other person; and
(g)                not 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.

You are responsible for:

(h)                how You use the Service;

(i)                 all activity that occurs on Your Account
(j)                 all of Your activity on and in connection with the Service; and
(k)                 any actions that You, or any of Your employees or callers, may take as a result of using the Service or any Calls recorded using 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.

Payment

Fees for the number of handsets that You select are due and payable monthly in advance (Billing Period) (although You will get a free trial to the Service when You first register).

We will automatically deduct the applicable fees from the credit card that You provide 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.

You may change the number of handsets that You have selected at any time by following the prompts on the Website. If You change the number of handsets part way through a Billing Period (rather than at the start of a new month) then:

(a)                if You decrease the number of handsets – no refunds for pre-paid amounts will be provided.
(b)                if You increase the number of handsets – You will be charged a pro-rata additional amount for the additional handsets during that Billing Period, and the new fees will apply in full from the beginning of the following Billing Period (ie the following month).

Changes to pricing

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.

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 on 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 obliged 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 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 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 other communications providers, 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.  

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 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 other communications providers, 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 Services 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. is governed by the laws of Victoria, 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 us!

Phone: +61 1300 IMPROVE

sign up for callN

 
free
trial
PRICING DETAILSIGN UP FREE TRIAL