Terms and Conditions
Effective May 1, 2018
Auditcall provides its services subject to the terms and conditions contained in these Terms of Service (the “Terms”). To become eligible to use Auditcall services, you must review and accept the Terms by clicking the “I accept” check box when you create your account or other mechanisms provided.
These Terms apply to use of Auditcall on Auditcall.net, or other re-branded/white labeled versions of the Auditcall software. Use and access to these sites, the telephone services provided, call tracking technology, text message, and reporting software described below are subject to these Terms.
The individual accepting the Terms or the entity such individual represents. If you are accepting these Terms for a company or agency, you hereby warrant that you:
- have the legal right and authority to enter into these Terms for the company as named in the Account,
- acknowledge that you are accepting these Terms on behalf of a company or other entity,
- you are binding the company or other entity to the Terms, and
- if you become no longer affiliated with the company or entity in which you entered the agreement under, then the account and associated content and data is maintained as the property of the company or entity, and the authorized officers of that organization.
An Account is created at www.auditcall.net. Customer completes sign up questions and provides payment information to create an Account.
The money the Customer has added to the Account to fund usage in the Account.
Data and other information made available to Auditcall through the use of Auditcall services under these Terms including call records, audio recordings, recording transcriptions, SMS records and SMS message content, and as further defined in section 6 of these Terms.
Customer Personal Data
It means any personal data contained in the Customer Data (where “personal data” has the meaning given to it by the Data Protection Laws).
Data Protection Laws
It means applicable legislation protecting the personal data of natural persons and the privacy of electronic communications.
Auditcall Services consist of one or more of the following: a web-based interface, website number insertion, information about the caller, call forwarding, browser phone, advertising channel information for incoming phone calls, text messaging applications, call and text data access, call and text data storage as well as software maintenance and upgrades and customer support.
Customer will be solely responsible for all the uses (whether or not authorized) of the Auditcall Services under its account. Customer will ensure that it has a written agreement with each End User (“End User Agreement”) that enables Auditcall to use all Customer Data as necessary to provide the Services and that protects Auditcall’ rights to the same extent as the terms of this Agreement. The End User Agreement must include terms concerning restrictions on use, protection of proprietary rights, disclaimer of warranties and limitations of liability, and, where the Customer is subject to the Data Protection Laws, data protection. Auditcall agrees that, subject to the foregoing requirements, the End User Agreement need not specifically refer to Auditcall. Customer will promptly notify Auditcall if it becomes aware of any breach of the terms of the End User Agreement that may affect Auditcall. Customer will take all reasonable precautions to prevent unauthorized access to or use of the Auditcall Services and notify Auditcall promptly of any such unauthorized access or use.
Services described on the Auditcall sites may or may not be available in all countries or regions of the world and may be available under different trademarks in different countries. Customer agrees to use the Auditcall Services in accordance with all applicable guidelines as well as all state and federal laws that the Services are subject to.
Customer will not use the Auditcall Services to access or allow access to Emergency Services. Customer will ensure that the Auditcall Services provided hereunder are used in accordance with all applicable laws, regulations and third-party rights, as well as the terms of this Agreement. Specifically, and without limitation, Customer will ensure that Auditcall is entitled to use the Customer Data as needed to provide the Auditcall Services and will not use the Auditcall Services in any manner that violates any Data Protection Laws, all applicable laws and regulations governing the making and sending of calls and text messages, and any other applicable regulation, order or similar law. Except as allowed by applicable law, with respect to any software provided to Customer hereunder, Customer will not reverse engineer, decompile, disassemble or otherwise create, attempt to create or derive, or permit or assist any third party to create or derive the source code of such software.
Our Use and Storage of Customer Data
Data storage is not guaranteed by us and you agree that we will not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that you may incur relating to the loss or deletion of Customer Data.
You further acknowledge and agree that we may access or disclose Customer Data, including the content of communications stored on our systems, if:
- we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or government request,
- to enforce our agreements and policies,
- to protect the security or integrity of our services and products,
- to protect ourselves, our other customers, or the public from harm or illegal activities, or
- to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury.
Customer may use the service through the use of their username and password login. Customer shall provide Auditcall with accurate, complete and regularly updated profile information associated with their login. They agree to notify Auditcall of any known or suspected unauthorized use of their user login account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. Customer shall be responsible for maintaining the confidentiality of their password. Any fraudulent, abusive, or otherwise illegal activity or actively prohibited by any regulation or statute may be grounds for termination of the user account, in Auditcall’ sole discretion, and Customer may be reported to appropriate law-enforcement agencies.
Customer is prohibited from violating or attempting to violate the security of the Auditcall Sites and Services and from using the Auditcall Sites and Services to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for Customer or logging into a server or account which Customer is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Auditcall Sites or Services, host or network, including, without limitation, via means of submitting a virus to the Auditcall Sites, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. Auditcall may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the Auditcall Sites who are involved in such violations.
Compliance with Laws:
Customers using the Service for telemarketing or similarly regulated purposes are directly and solely responsible for compliance with applicable laws, including without limitation for filing, subscribing, or holding appropriate regulatory compliance documentation as required by competent jurisdictions and/or the purchase of access to any do-not-call lists and the like.
Customer agrees to familiarize himself with and abide by all applicable local, state, national and international laws and regulations and is solely responsible for all acts or omissions that occur under their account, including without limitation (a) the initiation or making of the phone calls and or messages transmitted through the Services or (b) the creation of and the specific content of the phone calls and messages.
Customer accepts that the Services are provided for professional use only, and agree that their use of the Auditcall Sites or Services shall not include:
- Sending unsolicited marketing messages or broadcasts (i.e. spam);
- Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
- Harvesting, or otherwise collecting information about others, without their consent;
- Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
- Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
- Interfering with another’s use and enjoyment of the Services or Auditcall Sites;
- Making autodialed or prerecorded calls and/or texts through the Services without the appropriate prior consent of the called party;
- Failing to maintain the appropriate records of the consent of a called party to receive a certain type of call or message;
- Altering or “spoofing” the caller ID information transmitted with a call or text using the Services with the intent to defraud, cause harm, or wrongfully obtain anything of value;
- Making calls to telephone numbers listed on the National Do Not Call Registry or on the Customer’s own internal Do Not Call Registry through the Services;
- Failing to adhere to calling time restrictions as established or may be established in the future, by any Federal or State governmental authority;
- Failing to include any required opt-out mechanisms at the beginning of any pre-recorded message; or
- Engaging in any other activity that Auditcall believes could subject it to criminal liability or civil penalty/judgment.
Customer will not purposely route calls to high cost. Calls may be monitored and reported upon each billing cycle to ensure sound traffic patterns. Excessive routing of high-cost calls will be addressed to customer by Auditcall and fines may be assessed to recover excess charges from Auditcall carriers.
Any violation of Auditcall policies will be grounds for termination of the Account, at Auditcall’ sole discretion, Customer may be reported to appropriate law enforcement agencies.
Changes to Service
Auditcall may at any time change or modify the features and functions of the Services may change over time. Auditcall will use reasonable efforts to notify Customer at least 60 days prior to implementation of a change in Service and to provide information required for Customer to continue to use the Services.
Changes to Service
- Auditcall will use commercially reasonable efforts to obtain the telephone number(s) requested and use commercially reasonable efforts to initiate and complete port requests. Customer acknowledges that Auditcall may need to change the telephone number assigned to the Customer (due to an area code reassignment or split, or for any other reason). Customer acknowledges that if the Service is suspended or terminated due to non-payment or breach of this Agreement, Customer may not be able to obtain the same local or toll-free numbers, the Service should be reactivated.
- Auditcall may, after 30 days post-cancellation of service and the inability or lack of desire to port the telephone number, remove all telephone numbers from Account.
- You acknowledge that we are the “customer of record” for all phone numbers provided as part of our Services. As the customer of record, Auditcall has certain rights with respect to porting phone numbers. You understand and agree that you may use the phone numbers provided as part of our Services subject to these Terms. Unless otherwise required by law, we reserve the right to refuse to allow you to port away any phone number in our sole discretion. Regardless, we may allow you to port away phone numbers, so long as you (1) have an account in good standing, and (2) have either ported in or purchased the phone number more than 90 days prior to the port-away date. If porting a number away from Auditcall, it is the Customer’s responsibility to confirm the completion of a port away request with the winning carrier and release the tracking numbers from their Account.
- Any attempts to use Auditcall merely a source of numbers to be immediately ported away without use of the numbers on our system is not permitted and is grounds for Termination.
- Phone numbers may not be immediately active from the time of purchase if the numbers require additional validation to be activated such as a local billing address or other identity verification depending on the country of origin.