Terms & Conditions
These Terms of Service are effective on 22nd June 2015, for current users, and upon acceptance for new users.
This Agreement, which governs the terms and conditions of your use of Record Your Call Services, is between you ("you" or "Customer"), as an authorised user of such services, and Telecoms Cloud Limited ("Telecoms Cloud"). Notwithstanding the foregoing, your service will be provided to you and you will legally be a Customer of Telecoms Cloud Limited.
The laws of the United Kingdom shall govern all matters relating to this Agreement and use of the Site, the Service (and the other Telecoms Cloud Services).
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 or Incoming 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.
- Reference to a statute or statutory provision includes a reference to it as from time to time amended, extended or re-enacted.
- Words denoting the singular number also include the plural and vice-versa.
- The headings in these Conditions are inserted for convenience only and do not affect their meaning.
- Any reference to any of the parties hereunder includes their successors in title and permitted assigns.
These Conditions shall govern and be incorporated into the contract for the supply of the Services by Telecoms Cloud Limited ("Record Your Call" or "we") to you.
Record Your Call will provide the Services subject to these Conditions:
- 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.
- 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.
- 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.
- 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.
- 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.
- Recordings are stored by Record Your Call for six (6) 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.
- 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.
- 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 third 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 third parties who did not participate in the call to replay the recording.
Service UsageThere are no restrictions to the use of the Record Your Call Services.
Outgoing Calls made to landlines using the Outgoing Call Recording Service cost 10p 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 50p 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 10p 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 50p 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.
- Copies of Recordings are available over the phone using the replay service charged at 10p per minute at all times, and free of charge to download from the website.
- 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.
Warranties and Liabilities
- Subject to the remainder of these Conditions, Record Your Call warrants that the Services shall be provided with reasonable care and skill.
- 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.
- The Services should not be relied on in a business critical manner. Record Your Call shall have no liability if the Services are used in a manner in breach of these Conditions.
- The warranty given in Condition A above is in lieu of all other warranties representations and conditions express or implied which are expressly excluded to the fullest extent permitted by law.
- Subject to Condition I below, 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.
- Subject to Condition I below, 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.
- Subject to Condition I below, Record Your Call shall not be liable to any third 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.
- Subject to Condition I below, 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 third party for the Incoming Call to which the liability relates.
- 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.
- You acknowledge and agree that the allocation of risk contained in this Condition is reflected in the charges for the Service and is also recognition of the fact that it is not within Record Your Call's control how and for what purpose you use the Services.
- Each provision of this Condition excluding or limiting liability shall be construed separately.
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.
Fair Use Policy
Acceptable Usage Policy
You must not use the Service in any way in connection with, any message or communication which is offensive, abusive, obscene, indecent or menacing or which does, or is intended to, cause annoyance, inconvenience or worry or which is illegal, fraudulent, defamatory, an act of treason or intended to be a hoax call to any emergency services or which brings the name of Record Your Call into disrepute or in any way which intentionally causes damage or disruption to the Service.
Also, you must not use the Service to distribute or promote any activity which interferes with systems or network's ability to operate including denial of service attacks in any form.
You must comply with Ofcom and Phone Pay Plus regulations when using the service. The link to the Phone Pay Plus regulations can be found in section 20.
Storage of Recordings
Your recordings are stored on your online account for six (6) months. Please download your recording(s) within this time frame in order to avoid losing them when they are removed from your online account.
You acknowledge that Telecoms Cloud may change its practices and limitations concerning storage of your recordings, including without limitation, the maximum number of days that the recordings will be retained and the maximum storage space that will be allotted on Telecoms Cloud's servers on your behalf, at any time. You further agree that, subject to applicable law, Telecoms Cloud has no responsibility or liability whatsoever for the deletion of or failure to store any data transmitted by the Services.
You are fully responsible for the contents of your transmissions through the Service. Telecoms Cloud merely acts as a passive conduit for you to use the Service and conduct or participate in recorded calls. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Telecoms Cloud reserves the right to take any action necessary or appropriate in its sole discretion if it believes your use of the Service may create liability for Telecoms Cloud, compromise or disrupt the Service, or jeopardize Telecoms Cloud's relationships with third party providers or suppliers.
- You agree: (i) to comply with all applicable local and foreign laws relating to the Service; (ii) not to use the Service for illegal purposes; (iii) not to interfere or disrupt networks connected to the Service; (iv) to comply with all regulations, policies and procedures of networks connected to the Service; (v) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (vi) not to use the Service to transmit any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; (vii) not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Further, you shall not interfere with another Customer's use and enjoyment of the Service or another entity's use and enjoyment of the Service.
- You must (i) obtain and pay for all equipment and third party services (e.g. telephone connection and internet access) required for you to access and use the Service; and (ii) maintain the security of all confidential information relating to your account with Telecoms Cloud.
- You shall be responsible for all charges resulting from your use of the Service. In the event of any unauthorized use of your account or unauthorized charges, you must notify Telecoms Cloud and you will be responsible for such unauthorized use or charges until you notify Telecoms Cloud. You must also adopt any steps necessary to prevent its further unauthorized use of your account or unauthorized charges.
Either you or Telecoms Cloud may terminate your account or use of the Service at any time, with or without cause, upon notice. In the event you choose to terminate your account, you shall remain responsible for charges or fees incurred by use of the Service prior to such termination, and you shall not have a right to a refund of any prepaid fees, services fees or other charges. Telecoms Cloud reserves the right to terminate or suspend your account with or without prior notice. Telecoms Cloud may automatically terminate or suspend your account without notice if you do not use your number within the specified time period in your account.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of Record Your Call Services (as well as for use of your account by others, including, without limitation, minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
- 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.
- 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.
- 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.
- 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.
- 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 13 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.
Modifications to Customer Agreement
Except to the extent prohibited by applicable law, Telecoms Cloud may automatically amend this Agreement at any time by:
- posting a revised Record Your Call Customer Agreement on the Record Your Call Website, and/or
- sending information regarding the amendment to the email address you provide to Telecoms Cloud. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE Record Your Call WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE Record Your Call SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and Telecoms Cloud.
Modifications to Services
Telecoms Cloud reserves the right to modify or discontinue any of the Services with or without notice to you. Telecoms Cloud shall not be liable to you or any third party should Telecoms Cloud exercise its right to modify or discontinue the Services.
Member Account and Security
As part of the registration process, you will be required to provide an email address and enter a password. You may change your password to protect your account after logging in to the Record Your Call Website. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, except as otherwise set forth by applicable law, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Telecoms Cloud of any unauthorised use of your account or any other breach of security known to you.
Disclaimer of Warranties and Limitation of Liability
- TELECOMS CLOUD'S SERVICES ARE PROVIDED "AS IS", AND NEITHER TELECOMS CLOUD NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. TELECOMS CLOUD DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT TELECOMS CLOUD WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. TELECOMS CLOUD AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
- YOUR USE OF TELECOMS CLOUD'S SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM TELECOMS CLOUD. YOU AGREE THAT NEITHER TELECOMS CLOUD NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE RECORD YOUR CALL OR ANY OTHER TELECOMS CLOUD SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF TELECOMS CLOUD OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF TELECOMS CLOUD AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE TELECOMS CLOUD SOFTWARE AND SERVICES OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR USE OF THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.K £100. YOU HEREBY RELEASE TELECOMS CLOUD AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
- YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORISED OFFICER OF TELECOMS CLOUD, IN EVALUATING THE RECORD YOUR CALL SERVICE OR ANY OTHER SERVICES AND/OR PRODUCTS OF TELECOMS CLOUD.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Record Your Call Service are wholly owned by Telecoms Cloud and/or its licensors and service providers except where expressly stated otherwise. You may not use Telecoms Cloud's trademarks, trade names, patents, copyrights or other intellectual property rights without Telecoms Cloud's prior written permission.
You agree to indemnify Telecoms Cloud and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your Record Your Call account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other Customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations.
Phone Pay Plus and UK Regulation of 0871/0872/0873 Numbers
The Record Your Call Service at www.recordyourcall.co.uk uses a 0871 and 070 telephone number and in the United Kingdom, these are regulated by Phone Pay Plus. You should familiarize yourself with the Phone Pay Plus code of practice, which can be found at http://code.phonepayplus.org.uk/. You accept that it is your responsibility to ensure full compliance with the Phone Pay Plus code of practice, and if in doubt, you will seek advice from Phone Pay Plus. Phone Pay Plus can be contact using the details below, which we strongly recommend you to prior to using www.recordyourcall.co.uk:
Call: 0845 026 1060 (up to 5p per minute plus network extras. Calls from mobiles will cost considerably more)
Phone Pay Plus
4 Maguire Street
Obligations pursuant to the Non-Provider Numbering Condition:
The Customer accepts and agrees that the Customer shall be bound by and shall comply with the Non-Provider Numbering Condition pursuant to Sections 48(1) and 59 of the Communications Act 2003. The Customer shall be the "Service Provider" for the purposes of the Non-Provider Numbering Condition.
The Customer accepts that pursuant to the Non-Provider Numbering Condition, the Customer is obliged to publish pricing information regarding the Service Charges for Unbundled Tariff Numbers on any promotional material in which such Unbundled Tariff Numbers are used. In the event that the Customer fails to comply with its obligation to publish pricing information regarding the Service Charges for Unbundled Tariff Numbers pursuant to the Non-Provider Numbering Condition, the Customer accepts that Telecoms Cloud shall be entitled (at its sole discretion) to suspend the Services, immediately on written notice. If the Customer fails to rectify the breach of the obligation to publish pricing information regarding the Service Charges for Unbundled Tariff Numbers pursuant to the Non-Provider Numbering Condition, within such reasonable time as Telecoms Cloud (acting reasonably) may agree with the Customer, Telecoms Cloud shall be entitled to terminate the Services (in whole or in part) immediately on written notice.
Where the Customer is obliged to publish pricing information regarding the Service Charges for Unbundled Tariff Numbers, pursuant to the Non-Provider Numbering Condition, Telecoms Cloud agrees that it will provide to the Customer all relevant pricing information in respect of such Unbundled Tariff Numbers.
If you are experiencing any technical issues with your account, please call our technical support team on 0333 315 1010. Calls will be charged at free plus network extras. Calls from mobiles will cost considerably more. Please get the bill payer's permission before calling. Alternatively, you can contact technical support for free by emailing our team on email@example.com with the outline of your problem.
Service Provider Information
This service is operated by:
Telecoms Cloud Limited
22 Jordan Street
Registered in England and Wales Company Number: 08092142
VAT number: GB 175 6924 69
Data Protection Registration Number: ZA036519
Refund and Customer Care Policy
We want you to enjoy using our service and therefore we take customer care very seriously.
All of our services have a 99.8% up time. So, in the rare event that we experience problems with our systems that provide the technical platform for our services, we promise to provide a 100% refund to all customers that are affected.
What's more, if you feel you have been incorrectly billed (i.e. if you have been charged over 10p per minute) a 100% refund of either the difference or the amount in full will be provided.
We promise that all refunds will be provided promptly within 28 days from the date of request in the form of crediting the amount from your next invoice, BACS or free repeated use of the service.
Please note we have the right to request evidence from you in order to validate your claim for a refund.
Our refund procedure also applies to overseas customers using the service outside of the UK.
To request a refund and provide evidence to validate your claim, please call us on 0333 315 1010, asking for the customer services team or send a letter to Customer Services Department, Record Your Call, Telecoms Cloud Limited, Liverpool Innovation Park, 360 Edge Lane, Liverpool, L7 9NJ.
Customer Complaints Code
In the rare event that you wish to make a complaint about the Service, you should send an email to firstname.lastname@example.org, detailing your complaint.
Your complaint matters to us and therefore it will always be acknowledged. We take such issues very seriously as resolving them is one way in which we improve our services.
We promise to make every reasonable effort to resolve all complaints promptly and aim to do so in a satisfactory manner, at no cost. Usually, complaints will be responded to within one working day (except in exceptional circumstances where more or less time has been allowed). This will be in the form of a ticket or status update from our customer services team and within five working days (except in exceptional circumstances where more or less time has been allowed) a proposed resolution will be presented to you.
However, if you feel that your complaint has not been satisfactorily resolved by us, you have the right to take your complaint to Phone Pay Plus who will then review whether we have dealt with the complaint correctly and determine what action needs to be taken. Also, you may use a third party or MVNO to help you to deal with your complaint. If you wish to take your complaint to Phone Pay Plus, then please call 0800 500 212 or alternatively send a complaint form by clicking the link: http://www.phonepayplus.org.uk/For-The-Public/Make-a-complaint.aspx.
Service Reliability and Quality of Service
As we rely on third parties to provide some of our technical platform for the service, we can guarantee a minimum of 99.95% uptime per month. This service is reliable but not fault or error free. On this basis, we cannot guarantee continuous availability of the service. Telecoms Cloud accepts no liability for downtime and interruption of the service. However, sufficient notice will be given where possible.
Please note previously scheduled maintenance, planned outages and interruptions are not classed as downtime.
Also, planned outages will be carried out in periods where call traffic is low to minimise any disruption.
To find out about any up and coming service maintenance, please go to the following link:
Telecoms Cloud accepts no liability for any delay or non-performance of its obligations under this agreement arising from any cause or causes beyond its control, including (without limitation) an act of God, act of government or regulatory authority, war, fire, flood, explosion or civil commotion, or failure of the internet. If such delay or non-performance arising from such cause or causes persists for more than ninety (90) days either party may terminate this Agreement on written notice to the other without incurring any further liability under its terms.
Limitation of Liability
Nothing in these terms shall limit either party's liability for fraud, or for death or personal injury resulting from its own negligence, from negligence or failure to comply with these terms.
Telecoms Cloud will not be liable for any indirect, special, incidental or consequential loss or damage which may arise in respect of your use of the Service or component of it, not for loss of profits or loss of data.
You undertake that if Record Your Call suffers any loss, damage, fine or expense as a result of any unauthorised access to, or misuse of, the Service on your part, you will fully indemnify Record Your Call in respect of such loss, damage fine or expense.
Nothing in this clause shall be construed as attempting to limit the liability of either party in respect of injury to or the death of any person caused by any wilful or negligent act or omission of either party.
Notices given by Telecoms Cloud to you will be given by email or by a general posting on the Instant Conferencing website, or by conventional mail. In any matter requiring Telecoms Cloud's prior consent, such consent will be considered given only if made in the foregoing manner by an authorised representative of Telecoms Cloud. Notices given by you to Telecoms Cloud must be given by email or by conventional mail (subject, however, to Telecoms Cloud's verification procedures, as may be established by Telecoms Cloud from time to time in its sole discretion, and which may include the requirement that you contact Telecoms Cloud by phone so as to confirm that any such notice was in fact sent by you). Notices to Telecoms Cloud by conventional mail must be sent to:
Telecoms Cloud Limited
22 Jordan Street
Advice on notices can be given by calling our signup enquiries number which can be found on our contact us page.