1. Application
These Conditions shall govern and be incorporated into the contract for the supply of the
Services by Crosby Systems Limited ("Record Your Call" or "we")
to you.
2. The Services
2.1 Record Your Call will provide the Services subject to these Conditions.
2.2 Outgoing calls can be made worldwide including mobile telephones using a telephone
service provided by an operator which recognises the Access Number. You are
responsible for obtaining and maintaining the necessary telephone service.
2.3 By dialling the Access Number, you are requesting Record Your Call to start the
provision of the Outgoing Call Recording Service. Accordingly, you will not have the
right to cancel your request once Record Your Call has commenced the provision of
the Outgoing Call Recording Service.
2.4 By obtaining a Record Your Call Number, whenever a Calling Party dials your Record
Your Call Number, you are requesting Record Your Call to start provision of the Incoming
Call Recording Service. Accordingly, you will not have the right to cancel your request
once Record Your Call has commenced the provision of the Incoming Call Recording Service.
2.5 Before an Outgoing Call is connected, a message will be played to advise you of the
default PIN for the Recording of that Outgoing Call. Before an Incoming Call is connected,
a message will be played to advise you that the Incoming Call is being recorded.
2.6 You are responsible for keeping each PIN secret. Record Your Call shall have no
liability in respect of any use made of a PIN. Details of how to change the PIN are
available here. Record Your Call will not have any record of such new PIN. Accordingly,
if you forget the new PIN you will not be able to access the Recording to which that PIN
relates and Record Your Call shall have no liability for this.
2.7 Recordings are stored by Record Your Call for 12 months, commencing on the date that
a Recording is made. Following the expiry of the storage period, you will not be able to
use the Retrieval Service to retrieve a Copy of a Recording.
2.8 To obtain a copy of a recording from the Website, you acknowledge and agree to
register with the Website. Details of how to register are available here. To register,
you will be required to provide the following information: email address, password and
memorable question and answer. You are responsible for keeping this information secret.
Record Your Call shall have no liability in respect of any use made of this information.
2.9 If you obtain a copy of a recording from the Website, where that recording is of an
Incoming Call or Outgoing Call in which you did not participate, then before you replay
that copy or make it available to other 3rd parties who did not participate in the call,
you acknowledge and agree that you are responsible for obtaining permission from the
participants on the call for you or other 3rd parties who did not participate in the call
to replay the recording.
3. Charges
3.1 Outoing Calls made to landlines using the Outgoing Call Recording Service cost 10
pence per minute from a BT landline. Outgoing Calls made from UK mobiles to UK landlines
may vary from this.
Outgoing Calls made to UK mobiles using the Outgoing Call Recording Service cost 50
pence per minute at all times from a BT landline. Outgoing Calls between UK mobiles may
vary from this.
Incoming Calls received on UK landlines using the Incoming Call Recording Service cost
the calling party 10 pence per minute at all times from a BT landline. Incoming Calls
received from UK mobiles may vary from this.
Incoming Calls received on UK mobiles using the Incoming Call Recording Service cost the
calling party 50 pence per minute at all times from a BT landline. Incoming Calls
received from UK mobiles may vary from this.
All prices are inclusive of VAT. Charging for an Inbound Call starts from the instant
when the Inbound Call is connected to the Incoming Call Recording Service.
The charges payable by you for your use of the Outgoing Call Recording and Replay Services
shall be payable by you to the operator whose service you use to access these Services.
The charges payable by your Calling Parties for your use of the Incoming Call Recording
Service shall be payable by them to the operators whose services they use to access these
Services.
3.2 Copies of Recordings are available over the phone using the replay service charged at
ten pence per min at all times, and free of charge to download from the website.
3.3 Record Your Call reserves the right to vary the charges for the Services from time to
time by giving notice on the Website. Revised charges will apply from the point they are
posted on the Website.
4. Warranties and Liabilities
4.1 Subject to the remainder of these Conditions, Record Your Call warrants that the
Services shall be provided with reasonable care and skill.
4.2 The Services are provided by Record Your Call and accepted by you "as is"
and "as available". Record Your Call cannot guarantee that the Services will
be fault free, continuously available or available at any given time. Record Your Call
shall not be liable to you if you are unable to access the Services for any given period
of time. The Outgoing Call Recording Service is dependent on you being able to make a
telephone call via an operator that recognises the Access Number, so will not be available
if you are unable to do so.
4.3 The Services should not be relied on in a business critical manner. Record Your Call
shall have no liability if the Services is used in a manner in breach of these Conditions.
4.4 The warranty given in Condition 4.1 is in lieu of all other warranties representations
and conditions, express or implied, which are expressly excluded to the fullest extent
permitted by law.
4.5 Subject to Condition 4.9, Record Your Call shall not be liable to you for any form of
special, indirect or consequential damages, loss of data, loss of goodwill, loss of profits,
loss of turnover, costs or expenses.
4.6 Subject to Condition 4.9, in no event shall Record Your Call's cumulative liability
to you from all causes of action of any kind whether in contract or in tort in connection
with the Services exceed the charge paid by you for the Outgoing Call to which the liability
relates.
4.7 Subject to Condition 4.9, Record Your Call shall not be liable to any 3rd party from
whom you receive an Incoming Call for any form of special, indirect or consequential
damages, loss of data, loss of goodwill, loss of profits, loss of turnover, costs or
expenses.
4.8 Subject to Condition 4.9, in no event shall Record Your Call's cumulative liability
to you from all causes of action of any kind whether in contract or in tort in connection with
the Services exceed the charge paid by the 3rd party for the Incoming Call to which the
liability relates.
4.9 Nothing in these Conditions shall be construed as limiting or excluding Record Your
Call's liability for death or personal injury caused by its or its employees'
negligence.
4.10 You acknowledge and agree that the allocation of risk contained in this Condition 4
is reflected in the charges for the Service and is also a recognition of the fact that it
is not within Record Your Call's control how and for what purpose you use the Services.
4.11 Each provision of this Condition 4 excluding or limiting liability shall be
construed separately.
5. Events beyond Record Your Call's control
Record Your Call is not liable for any deficiency in the Services caused by something
beyond its reasonable control including fire, environmental conditions, flood, national
or local emergency, explosion, military operations, civil disorder, terrorism, vandalism,
industrial disputes, acts of local or central government or other competent authorities
or failure or unavailability of any telephone network.
6. Changes
Record Your Call may need to vary these Conditions from time to time. We will try to
publish details of all changes on the Website before they take effect. This may not
always be possible, for example if the changes are necessary to reflect changes in
The Law or regulatory requirements.
7. Compliance with Laws
You will at all times comply with the provisions of all laws applicable to your use of
the Services and any Recording, including without limitation the Data Protection Act
1998, the Regulation of Investigatory Powers Act 2000, the Human Rights Act 1998 and the
Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations
2000. In particular, you are solely responsible for giving the Called Parties and Calling
Parties any necessary warning about the recording of an Outgoing or Incoming Call and the
use that will be made of the Recording. Record Your Call shall have no obligation to advise
you upon compliance with any such laws. You shall indemnify and keep indemnified Record
Your Call from and against any liability arising from any claim that your use of the
Services and/or a Recording breaches any law.
8. Privacy
8.1 Record Your Call shall not itself or permit any person (other than a person who
enters the correct PIN) to access or listen to a Recording without your prior consent,
unless it is required to do so by a court of competent jurisdiction or a body with the
authority to compel Record Your Call to do so.
8.2 Record Your Call's privacy policy is available here
9. Complaints
9.1 If you have a complaint about the Service, then you should send details to Record
Your Call's Customer Service Department at Record Your Call, PO Box 222, Liverpool,
L23 5WX
9.2 We aim to resolve all complaints in a satisfactory manner. However, if you consider
that your complaint has not been satisfactorily resolved within three months of the date
of your complaint, you have the right to take your complaint to Otelo (the Office of the
Telecommunications Ombudsman) which provides an alternative dispute resolution service.
You can contact Otelo by telephoning 0845 050 1614 or completing the on-line complaint
form available on Otelo's website at www.otelo.org.uk.
10. General
10.1 If any part of these Conditions is held to be invalid, illegal or unenforceable in
any respect whether in whole or in part then such part shall be severed from the
remainder of the Conditions which will continue to be valid and enforceable to the
fullest extent permitted by law and such invalidity, illegality or unenforceability
shall not prejudice the effectiveness of the rest of these Conditions or the remainder
of any part of the Condition affected.
10.2 Failure by Record Your Call to exercise or delay in exercising any right or remedy
shall not constitute a waiver of the right or any other rights or remedies and no single
or partial exercise of any right or remedy shall prevent any further exercise of the
right or remedy or the exercise of any other right or remedy.
10.3 Any contract to which these Conditions apply shall be governed by and construed in
accordance with the laws of the United Kingdom and the parties submit to the nonexclusive
jurisdiction of the courts of the United Kingdom.
10.4 Any notice required or permitted to be given by either party to the other under these
Conditions shall be in writing addressed to the other party at its registered office or
principal place of business or such other address as may at the relevant time have been
notified pursuant to this Condition to the party giving the notice.
10.5 By using the Services, you acknowledge that you have not relied on any warranty,
representation, undertaking or agreement other than those contained or referred to in
these Conditions. You waive any right or remedy you may have to claim damages or
rescission for any misrepresentation in respect of any representation not contained in
these Conditions or for breach of any warranty not contained in these Conditions and
acknowledge that your only remedies against Record Your Call are for breach of contract
provided always that nothing in this Condition 10 shall exclude or limit Record Your
Call's liability to you in respect of any fraudulent misrepresentation or warranty
fraudulently given and upon which you can prove that you have placed reliance. Subject
to the foregoing, these Conditions and the documents referred to in these Conditions
constitute the entire agreement and understanding between the parties with respect to
the Service.
11. Interpretation
11.1 In these Conditions the following terms and expressions shall have the following
meanings:
|
"Access Number"
|
the number which you dial in order to access the Outgoing Call Recording Service;
|
|
"Called Party"
|
a person to whom you make an Outgoing Call;
|
|
"Calling Party"
|
a person from whom you receive an Incoming Call;
|
|
"Conditions"
|
these terms and conditions or any of them;
|
|
"Copy"
|
a copy of a Recording;
|
|
"Incoming Call"
|
a recorded telephone call that you receive using the Incoming Call Recording Service;
|
|
"Incoming Call Recording Service"
|
the service provided by Record Your Call that enables you to record an incoming
telephone call;
|
|
"Outgoing Call"
|
a recorded telephone call that you make using the Outgoing Call Recording Service;
|
|
"Outgoing Call Recording Service"
|
the service provided by Record Your Call that enables you to record an outgoing
telephone call;
|
|
"Phone Number"
|
a telephone number that you identify to Record Your Call as the number of the phone
that you wish to use to answer an Incoming Call;
|
|
"PIN"
|
the code that you will need to get a Copy of a Recording of an Outgoing Call;
|
|
"Recording"
|
a recording of an Outgoing or Incoming Call;
|
|
"Record Your Call Number"
|
a telephone number provided by Record Your Call, incoming calls to which are connected
to your Phone Number and recorded;
|
|
"Services"
|
the following services provided by Record Your Call:
- Incoming Call Recording Service
- Outgoing Call Recording Service
- Retrieval Service
|
|
"Website"
|
Record Your Call's website addressed by the URL www.recordyourcall.co.uk or any URL
which is redirected to that URL.
|
11.2 Reference to a statute or statutory provision includes a reference to it as from
time to time amended, extended or re–enacted.
11.3 Words denoting the singular number only include the plural and vice versa.
11.4 The headings in these Conditions are inserted for convenience only and do not
affect their meaning.
11.5 Any reference to any of the parties hereunder includes their successors in title
and permitted assigns.
