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Terms and Conditions

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between callerdesk.io, a Private Limited company ("deskotel communications") and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.

Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:

The terms “we”, “us” or “our” shall refer to deskotel communications. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

deskotel communications may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, deskotel communications may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. deskotel communications assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

Eligibility to Use

This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are

(i) at least eighteen (18) years of age,

(ii) otherwise recognized as being able to form legally binding contracts under applicable law, or

(iii) are not a person barred from purchasing or receiving the Services found under the laws of the India or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, deskotel communications finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. deskotel communications shall not be liable for any loss or damage resulting from deskotel communications reliance on any instruction, notice, document or communication reasonably believed by deskotel communications to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, deskotel communications reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

User Account, Password, And Security

In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to deskotel communications that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If deskotel communications has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, deskotel communications reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, deskotel communications recommends that you change your password and shopper PIN at least once every month for each Account. You must notify deskotel communications immediately of any breach of security or unauthorized use of your Account. deskotel communications will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss deskotel communications or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Availability of Website/Services

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

From time to time, deskotel communications may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions:

You acknowledge and agree that the Beta Services are pre-release versions and may not work properly;

(ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures;

(iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments;

(iv) deskotel communications reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time;

(v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases;

(vi) deskotel communications may limit availability of customer service support time dedicated to support of the Beta Services;

(vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by deskotel communications;

(viii) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to deskotel communications; (ix) The Beta Services are provided “as is”, “as available”, and “with all faults”.To the fullest extent permitted by law, deskotel communications disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with deskotel communications.You acknowledge and agree that the Services may be provided by independent contractors or third party service providers.

User General Rule of conduct/Obligations

You acknowledge and agree that:

1. Your use of this Site and the Services , including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

3. You will not use this Site or the Services in a manner (as determined by deskotel communications in its sole and absolute discretion) that: o Is illegal, or promotes or encourages illegal activity; o Promotes, encourages or engages in terrorism, violence against people, animals, or property; o Promotes, encourages or engages in any spam or other unsolicited bulk calling, or computer or network hacking or cracking; o Infringes on the intellectual property rights of another User or any other person or entity; o Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; o Interferes with the operation of this Site or the Services found at this Site; o Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or o Contains false or deceptive language, or unsubstantiated or comparative claims, regarding deskotel communications or deskotel communications Services.

4. You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by deskotel communications.

5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.

6. You will not access deskotel communications Content (as defined below) or User Content through any technology or means other than through this Site itself, or as deskotel communications may designate.

7. You agree to back-up all of your User Content so that you can access and use it when needed. deskotel communications does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

8. You will not resell or provide the Services for a commercial purpose, including any of deskotel communications related technologies, without deskotel communications express prior written consent.

9. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.

10. For the purchase of any cloud phone for which deskotel communications is required to have an address for you on record, it is your obligation to provide us with an accurate and current address to associate with that number. You are responsible for updating that address within fifteen (15) days of a change of address.

11. You are aware that deskotel communications may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow deskotel communications, in its sole discretion, to record the entirety of such calls regardless of whether deskotel communications asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which deskotel communications is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of deskotel communications that may be initiated by an automatic telephone dialing system and/or use an artificial or pre-recorded voice. You understand that providing consent is not a condition of purchasing any good or service from deskotel communications. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of deskotel communications that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from deskotel communications. Message and data rates may apply.

deskotel communications reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.

deskotel communications use & storage customer data

You acknowledge that you have read deskotel communications Privacy Policy and understand that it sets forth how we will collect, store, and use your Customer Data. “Customer Data" consists of information made available to us through your use of our Services under these Terms, which includes information such as your name, contact information, billing records, call or messaging logs, and traffic routing information, as well as the content of communications sent through or integrated with our Services, such as audio recordings, message bodies, and call recording transcriptions. If you do not agree to deskotel communications Privacy Policy, you must stop using our Services.

Except as agreed by deskotel communications and you in writing, deskotel communications may periodically delete your Customer Data. Further, 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, if:

(i) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or government request,

(ii) to enforce our agreements and policies,

(iii) to protect the security or integrity of our services and products,

(iv) to protect ourselves, our other customers, or the public from harm or illegal activities,

or

(v) 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.

Additional Reservation of Rights

We reserve the right to reclaim any phone number from your account and return that number to the relevant numbering plan if you do not send sufficient traffic over that phone number such that the phone number is un utilized or underutilized, as defined by any local, federal, and/or national regulatory agency and/or governmental organization with oversight over the relevant phone number and numbering plan. If we seek to reclaim a phone number from your account, excluding suspended and trial accounts, we will send you an email at least two (2) weeks' in advance telling you that we are reclaiming the phone number, unless we’re otherwise prevented from doing so by the applicable regulatory agency or governmental organization. We also reserve the right to reclaim phone numbers from accounts suspended for failure to pay and/or suspended for suspected fraud, and to reclaim phone numbers in free trial accounts that are unutilized for more than thirty (30) days.

You acknowledge that we are the “customer of record” for all phone numbers provided as part of our Services. As the customer of record, deskotel communications 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 and until the end of the Terms Period .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 upgraded 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.

deskotel communications expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer configured cloud phone) for any reason (as determined by deskotel communications in its sole and absolute discretion), including but not limited to the following:

(i) to correct mistakes made by deskotel communications in offering or delivering any Services (including any configured cloud phone ),

(ii) to protect the integrity and stability of, and correct mistakes made by, any cloud phone configuration,

(iii) to assist with our fraud and abuse detection and prevention efforts,

(iv) to comply with court orders against you and/or your assigned cloud phone or website and applicable local, state, national and international laws, rules and regulations,

(v) to comply with any dispute resolution process,

(vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or

(vii) to avoid any civil or criminal liability on the part of deskotel communications, its officers, directors, employees and agents, as well as deskotel communications affiliates, including, but not limited to, instances where you have sued or threatened to sue deskotel communications.

deskotel communications expressly reserves the right to review every Account for excessive call flow and channel utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

deskotel communications expressly reserves the right to terminate, without notice to you, any and all Services where, in deskotel communications sole discretion, you are harassing or threatening deskotel communications and/or any of deskotel communications employees.

Payment

While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

Lack of authorisation for any transaction/s

or exceeding the preset limit mutually agreed by you and between your "Bank/s"

or any payment issues arising out of the transaction

or decline of transaction for any other reason/s.

deskotel communications reserves the right to hold any transaction in case they find transaction to be suspicious. All payments made against the purchases/services on callerdesk.io by you shall be compulsorily in Indian Rupees. callerdesk.io does not accept any other form of currency with respect to the purchases Fee.

You agree to pay the usage fees set which is either our standard schedule of fees, as may be updated from time to time, and/or any other order forms for our Services ordered by you and accepted in writing by us. In addition, you agree to pay any applicable support fees in connection with your order of any support services pursuant to our Support Terms.

Taxes

Taxes. Unless otherwise stated in your Rate Schedule, you are responsible for and shall pay all applicable taxes.If you’re exempt from any taxes for any reason, send an email to our tax department at support@callerdesk.io with an executed, signed and dated valid exemption certificate. Once our tax department has received and approved your exemption certificate, we will exempt you from those taxes on a going-forward basis. If, for any reason a taxing jurisdiction determines that you are not exempt from those taxes and assesses those taxes, you agree to pay deskotel communications those taxes, plus any applicable interest or penalties.

Payment Terms

Subject to certain credit requirements as determined by us, we may let you pay amounts due under these Terms in arrears. If we let you to do that, you will make all of the payments due hereunder within thirty (30) days of the date of the invoice.The invoice(s) submitted by us shall be subject to inspection and verification by the User and any discrepancies therein shall be brought to Our notice within 7 days of receipt of the invoice(s). If necessary, We shall modify and provide an amended invoice(s) and User will make the payments as per the modified invoice(s).

Unless you and deskotel communications agree otherwise in writing, all fees due under these Terms are payable in Indian INR.Payment obligations can’t be canceled and fees paid are non-refundable.If you are overdue on any payment and fail to pay within ten (10) business days of a written notice of your overdue payment, then we may assess and you must pay a late fee. The late fee will be either 1.5% per month, or the maximum amount allowable by law, whichever is less.Following the overdue notice, we may also suspend our Services to your account until you pay the amount you are overdue plus the late fee. Fee Disputes

You must notify us in writing if you dispute any portion of any fees paid or payable by you under this Agreement.You must provide that written notice to us within sixty (60) days of the applicable charge and we will work together with you to resolve the applicable dispute promptly. If you do not provide us with this written notice of your fee dispute within this 60 day period, you will not be entitled to dispute any fees paid or payable by you.

Suspension

If your use of our Services exceeds the amounts prepaid by you or of if you fail to pay any amounts due by you,we may suspend our Services associated with your account without prior notice to you. We will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with connection with any suspension of our services pursuant to this section.

Product Credits

In the event you are provided with a product credit (“Credit”), whether for redemption of the purchase of a specific product or for free with the purchase of another product (“Purchased Product”), you acknowledge and agree that such Credit is only valid till offer time and only available with a valid purchase and may be terminated in the event the product purchased is deleted, cancelled, transferred or not renewed.The Credit will expire on “provided expiry date” during the date of purchase of the Purchased Product if the Credit has not been redeemed. In the event that the Credit is redeemed, after the initial subscription period, the product will automatically renew at the then-current renewal price until cancelled. If you wish to cancel the automatic renewal of the product, you may do so by visiting your Account or by contacting customer service.For Credits issues for free with another Purchased Product, you acknowledge and agree that we may swap your Credit for a similar product, in our sole discretion.

Ownership and Confidentiality

As between you and deskotel communications, we exclusively own and reserve all right, title and interest in and to our Services. As between you and deskotel communications, you exclusively own and reserve all right, title and interest in Your Applications and the content of any communications sent through integration with our Services.

Suggestions and Contributions

We welcome your feedback on our Services. But please know that by submitting suggestions or other feedback about our Services,you agree that:

1. we are not under any obligation of confidentiality with respect to your Contributions;

2. we may use or disclose (or choose not to use or disclose) your Contributions for any purpose and in any way;

3. you irrevocably, non-exclusively license to us rights to exploit your Contributions; and

4. you are not entitled to any compensation or reimbursement of any kind from us under any circumstances for your Contributions.

Transfer of Ownership of the IVR Number/Desk phone In case the contract between user and deskotel communications and the User has expired and the User decides not to renew the contract or extend services, We can, upon request, transfer the ownership of the display number to the User. The following conditions will dictate this policy:

i. Only desk phones shall be transferable

ii. The ownership of Landline/PSTN/Toll-Free numbers is not transferable.

iii. We will charge a nominal fee of INR 3000 to assist with the transfer of ownership.

iv. In case the User decides to initiate the process on his/her own, We will terminate and release the number from Our end and the User will have to contact the telecom operator directly to obtain the ownership of the number. In this case, the User does not have to pay any fees to us for transfer of ownership.

v. The User can choose to keep the services activated until the number porting process is complete. In this case, User will be charged the rental and usage charges on pro-rata basis.

vi. We reserve the right to charge the User up to INR 5000 as a security deposit against the aforementioned charges. Any part of unused amount will be refunded back to the User after the transfer of ownership is complete.

vi. We reserve the right to charge the User up to INR 5000 as a security deposit against the aforementioned charges. Any part of unused amount will be refunded back to the User after the transfer of ownership is complete.

Use of Name & Logo

Subject to these Terms, we both grant each other the right to use and display each other’s name and logo (the Licensor Marks) on our respective websites and in other promotional materials solely in connection with each of our respective activities under these Terms. All of this use of the Licensor Marks will be in accordance with the each other’s applicable usage guidelines and will inure to the benefit of Licensor. The one of us using the other’s Licensor Marks under this subsection will not use, register or take other action with respect to any of the Licensor Marks, except to the extent allowed in advance in writing by the one of us whose Licensor Marks are being used. In using the Licensor Marks under this subsection, the one of us using the other’s Licensor Marks will always use the then-current Licensor Marks and will not add to, delete from or modify any of Licensor Marks. The one of us using the other’s Licensor Marks will not, at any time, misrepresent the relationship between us. The one using the other’s Licensor Marks will not present itself as an affiliate or other legal agent of the one of us whose Licensor Marks are being used. The rights to use and display each other’s Licensor Marks under this subjection will end automatically in the event these Terms terminate.

Confidentiality

"Confidential Information" means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. "Confidential Information" does not include any information which:

(i) is publicly available through no fault of receiving party;

(ii) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party;

(iii) was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party's rights; or

(iv) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information

Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party's prior written consent, except as otherwise permitted hereunder. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law.

General

As between you and deskotel communications, we exclusively own and reserve all right, title and interest in and to our Services. As between you and deskotel communications, you exclusively own and reserve all right, title and interest in Your Applications and the content of any communications sent through integration with our Services.

Suggestions and Contributions

We welcome your feedback on our Services. But please know that by submitting suggestions or other feedback about our Services,you agree that:

1. we are not under any obligation of confidentiality with respect to your Contributions;

2. we may use or disclose (or choose not to use or disclose) your Contributions for any purpose and in any way;

3. you irrevocably, non-exclusively license to us rights to exploit your Contributions; and

4. you are not entitled to any compensation or reimbursement of any kind from us under any circumstances for your Contributions.

Transfer of Ownership of the IVR Number/Desk phone In case the contract between user and deskotel communications and the User has expired and the User decides not to renew the contract or extend services, We can, upon request, transfer the ownership of the display number to the User. The following conditions will dictate this policy:

i. Only desk phones shall be transferable

ii. The ownership of Landline/PSTN/Toll-Free numbers is not transferable.

iii. We will charge a nominal fee of INR 3000 to assist with the transfer of ownership.

iv. In case the User decides to initiate the process on his/her own, We will terminate and release the number from Our end and the User will have to contact the telecom operator directly to obtain the ownership of the number. In this case, the User does not have to pay any fees to us for transfer of ownership.

v. The User can choose to keep the services activated until the number porting process is complete. In this case, User will be charged the rental and usage charges on pro-rata basis.

vi. We reserve the right to charge the User up to INR 5000 as a security deposit against the aforementioned charges. Any part of unused amount will be refunded back to the User after the transfer of ownership is complete.

vi. We reserve the right to charge the User up to INR 5000 as a security deposit against the aforementioned charges. Any part of unused amount will be refunded back to the User after the transfer of ownership is complete.

Use of Name & Logo

Subject to these Terms, we both grant each other the right to use and display each other’s name and logo (the Licensor Marks) on our respective websites and in other promotional materials solely in connection with each of our respective activities under these Terms. All of this use of the Licensor Marks will be in accordance with the each other’s applicable usage guidelines and will inure to the benefit of Licensor. The one of us using the other’s Licensor Marks under this subsection will not use, register or take other action with respect to any of the Licensor Marks, except to the extent allowed in advance in writing by the one of us whose Licensor Marks are being used. In using the Licensor Marks under this subsection, the one of us using the other’s Licensor Marks will always use the then-current Licensor Marks and will not add to, delete from or modify any of Licensor Marks. The one of us using the other’s Licensor Marks will not, at any time, misrepresent the relationship between us. The one using the other’s Licensor Marks will not present itself as an affiliate or other legal agent of the one of us whose Licensor Marks are being used. The rights to use and display each other’s Licensor Marks under this subjection will end automatically in the event these Terms terminate.

Confidentiality

"Confidential Information" means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. "Confidential Information" does not include any information which:

(i) is publicly available through no fault of receiving party;

(ii) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party;

(iii) was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party's rights; or

(iv) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information

Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party's prior written consent, except as otherwise permitted hereunder. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

Compliance with Laws

Both you and deskotel communications will comply with the applicable law relating to each of our respective activities under these Terms, including privacy and data protection laws and applicable rules established in india.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. deskotel communications, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. deskotel communications, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT

(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,

(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR

(III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND deskotel communications ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY deskotel communications, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

Indemnification

LYou agree to protect, defend, indemnify and hold harmless deskotel communications and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by deskotel communications directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

LIMITATION OF LIABILITY

IN NO EVENT SHALL deskotel communications, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT deskotel communications IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL deskotel communications TOTAL AGGREGATE LIABILITY EXCEED 10,000.00 INR.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

deskotel communications SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS OR SMS MESSAGES TO ANY EMERGENCY SERVICES. NEITHER deskotel communications NOR ITS REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS (AND CUSTOMER WILL HOLD deskotel communications HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE OUR SERVICES TO CONTACT EMERGENCY SERVICES..

DISCONTINUED SERVICES

deskotel communications reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although deskotel communications makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life. If that is the case, that product or service will no longer be supported by deskotel communications, in any way, effective on the EOL date.

Termination and Suspension of Services. Either party may terminate your account for any reason upon 30 days written notice to the other party. Either party may also terminate or suspend your account in the event the other party commits any material breach of these Terms and fails to fix that breach within 5 days after written notice of that breach. If we terminate these Terms due to your material breach, we may terminate or suspend of your account(s) as well.

In addition to suspension of our services for non-payment of fees,we may also suspend our Services immediately for cause if:

(a) you violate (or give us reason to believe you have violated) the deskotel communications;

(b) there is reason to believe the traffic created from your use of our Services or your use of our Services is fraudulent or negatively impacting the operating capability of our Services;

(c) we determine, in our sole discretion, that providing our Services is prohibited by law, or it has become impractical or unfeasible for any legal or regulatory reason to provide our Services; or

(d) subject to applicable law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets or change of control, a failure to continue business, assignment for the benefit of creditors, or if you become the subject of bankruptcy or similar proceeding. If we suspend our Services to your account, we will make a reasonable attempt to notify you. No Liability

deskotel communications will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

Report Abuse

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to support@callerdesk.io