Terms and Conditions

1. Definitions

Administrator(s): Person(s) designated by Customer to manage User IDs and passwords.

Affiliate(s): Entity that controls, is controlled by, or is under common control with a party.

Service: The branded calling service provided by us, including technical support and the features, functionality, and connectivity offered.

Customer Data: Content, data, and information submitted by Customer for using the Service.

Moderators: Person authorized to access the Customer Portal and use the Service on behalf of Customer.

2. Account Creation

Administrators

Customer agrees to appoint one or more Administrators responsible for assigning and revoking access privileges for Users. The initial account creator will be assigned as an Administrator with the capability to provide administrative privileges to any User, including the ability to create and maintain subsequent User Accounts and assign or revoke access privileges.

Moderators

Moderators must create a User Account and establish a User ID and password ("User Credentials"). Customer is responsible for maintaining the confidentiality of all User Credentials and for ensuring that Users keep their passwords strictly confidential. Unauthorized use must be reported immediately. We are not liable for any loss or damage arising from unauthorized use of the Customer Account.

Communications

By creating an account, each Administrator and Moderator consents to receiving communications via email, including notices about the Service, updates, administrative messages, and marketing materials.

3. Customer Responsibilities

Use of Service: Customer will use the Service only in accordance with these Terms, the applicable Documentation, any applicable Order(s), and applicable law or regulation.

Unauthorized Access: Customer will prevent unauthorized access to or use of the Service and notify us promptly of any such unauthorized access or use.

Compliance: Customer will comply with all applicable laws, rules, and regulations related to calls, including the Telephone Communications Protection Act of 1991, Fair Debt Collection Practices Act, and Do Not Call Registry.

Accuracy of Information: Customer will provide accurate and complete billing information and ensure timely payment of Fees.

4. Secured Calls Responsibilities

Provision of Services

We will:

• Make the Service available in accordance with these Terms and any applicable Order.
• Comply with applicable laws: Process Customer Data in accordance with these Terms and any applicable Service Specific Terms.
• Use trained, qualified personnel to provide the Service.

Suspension of Services

We may suspend the Service if:

• You breach any provision of these Terms.
• Provision of the Service is prohibited by law.
• There is any use of the Service that threatens the security, integrity, or availability of the Service.
• Information in your account is untrue, inaccurate, incomplete, or fraudulent.

Changes

We may make changes to the Service or the Customer Portal to maintain or enhance the quality, delivery, competitive strength, or cost efficiency of the Service, or to comply with applicable law. We will notify you of any material changes at least thirty (30) days prior to implementation.

5. Fees and Payments

Fees

Customer shall pay the Fees as set forth in each Order. Fees are stated in US dollars, non-cancellable, and non-refundable unless otherwise specified in the Order. We reserve the right to adjust the Fees by providing written notice at least sixty (60) days prior to the end of the current term.

Taxes

Customer is responsible for all applicable taxes, except for taxes based on our income. Exempt customers must provide necessary exemption information or a valid exemption certificate.

Billing

Customer agrees to provide updated, accurate, and complete billing information. We may charge your payment method for Fees when due. Unpaid invoices will bear interest at the highest rate allowable by law or 1.5% per month.

Payment

Payments must be made by check, ACH, or other electronic means. We may suspend or cancel the Service for non-payment of Fees.

6. Term and Termination

Term

The term of the Service will be as set forth in the applicable Order. If no term is specified, the term shall be month-to-month.

Termination for Convenience

Either party may terminate these Terms with thirty (30) days written notice. If an Order is in effect, termination will be effective only after the Order has expired or been terminated in accordance with its terms.

Termination for Material Breach

We may terminate these Terms for material breach if the breach is not remedied within thirty (30) days of notice. Any breach of our Acceptable Use Policy is considered a material breach.

7. Limitation of Liability

Limitation on Indirect, Consequential, and Related Damages

We are not liable for any lost profits, lost revenues, loss of goodwill, or indirect, special, incidental, consequential, or punitive damages, even if advised of the possibility of such damages.

Limitation of Liability

Our aggregate liability is limited to the amounts paid by you for the Service in the twelve (6) months preceding the incident.

Exceptions to the Limitation of Liability

The limitations in this section do not apply to your breach of Customer Responsibilities or Fees and Payments or amounts payable under our indemnification obligations.

8. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be resolved in the courts of Victoria, Australia.

By using our Service, you agree to these Terms.